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REVISED  CITY  CHARTER, 

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APPROVED  JANUARY  80th,  1857, 


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REVISED  ORDINANCES, 

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OF  THE 


CITY  OF  QUINCY,  ILLINOIS 


REVISED  AND  PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL, 
Under  the  supervision  of  James  M.  Pitman,  Mayor,  and  A.  W.  Blakesley,  City  Clerk. 


QUINCY : 

PRINTED  AT  THE  “REPUBJ ICAN”  BOOK  AND  JOB  OFFICE. 

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4 


CITY  CHAETEE. 


AN  ACT  to  reduce  the  law  Incorporating  the  City  of  Quincy 
and  the  several  acts  amendatory  thereof  into  one  acty  and  to 
amend  the  same. 


CHAPTER  I. 


OF  BOUNDARIES,  "WARDS  AND  GENERAL  POWERS. 

Section  1.  Boundaries  of  the  City. 

“  2.  General  powers,  Ac. 

“  3.  Number  of  wards,  and  boundaries. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois ,  represented  in  the  General  Assembly ,  That  the  dis¬ 
trict  of  country  in  the  County  of  Adams  and  State  of  Illinois, . 
known  and  described  as  follows,  to-wit:  Beginning  in 

the  middle  of  the  main  channel  of  the  Mississippi  river, 
at  a  point  due  west  from  the  north-west  corner  of  section 
thirty-five,  in  township  one  south  of  the  base  line  of  range 
nine  west  of  the  fourth  principal  meridian,  running  thence 
east  to  said  north-west  corner  of  said  section  thirty-five, 

•  thence  east  on  the  north  line  of  said  section  thirtv-five, 
and  the  north  line  of  section  thirty-six,  in  the  aforesaid 
township  and  range,  to  the  north-east  corner  of  said  sec¬ 
tion  thirty-six ;  thence  east  on  the  north  line  of  section  thirty- 
one,  in  township  one  south  range  eight  west,  two  rods ;  thence 
south  at  the  aforesaid  distance  of  two.  rods  east  of  the  east 
line  of  the  aforesaid  section  thirty-six,  and  of  the  east  line  of 
section  one  and  twelve,  in  township  two  south  of  the  base  line 
in  range  nine  west  of  the  aforesaid  fourth  principal  meridian, 
to  a  point  two  rods  east  of  the  south-east  corner  of  the  north 


4 


CITY  CHARTER. 


half  of  said  section  twelve ;  thence  west'to  the  aforesaid  south¬ 
east  corner  of  the  north  half  of  said  section  twelve ;  thence 
wCwt  along  the  south  line  of  the  said  north  half  of  said  sec¬ 
tion  twelve,  and  the  south  line  of  the  north  half  of  section 
eleven,  in  the  last  aforesaid  township  and  range,  to  the  south¬ 
west  corner  of  said  north  h  tlf  of  section  eleven  ;  thence  west 
to  the  middle  of  the  main  channel  of  the  Mississippi  river ;  • 
thence  up  said  river,  along  the  middle  of  the  main  channel 
thereof,  to  the  place  of  beginning,  is  hereby  erected  into  a 
City  of  the  name  of  the  City  of  Quincy. 

Sec.  2.  The  inhabitants  of  said  City  shall  be  a  corpora¬ 
tion  by  the  name  of  the  City  of  Quincy,  and  by  that  name 
sue  and  be  sued,  complain  and  defend  in  any  court,  make  and 
use  a  common  seal  and  alter  it  at  pleasure,  and  take,  hold  and 
purchase,  lease  and  convey,  such  real  and  personal  or  mixed 
estate,  as  the  purposes  of  the  corporation  may  require  within 
or  without  the  limits  aforesaid. 

Sec.  3.  The  City  of  Quincy  shall  be  divided  into  six  wards. 

1.  All  that  part  of  the  City  which  lies  north  of  Vermont 
street,  and  west  of  7th  street,  shall  be  denominated  the  first 
ward. 

2.  All  that  part  of  the  City  which  lies  between  Vermont 
street  and  York  street,  and  wTest  of  7th  street,  shall  be  de¬ 
nominated  the  second  ward. 

3.  All  that  part  of  the  City  which  lies  south  of  York  street 
and  west  of  7th  street,  shall  be  denominated  the  third  ward. 

4.  All  that  part  of  the  City  which  lies  east  of  7th  street 
and  south  of  York  street,  or  the  centre  line  thereof,  extended 
east  to  the  city  limits,  shall  be  denominated  the  fourth  ward. 

5.  All  that  part  of  the  City  which  lies  between  the  centre 
lines  of  YYrk  and  Vermont  streets,  extended  to  the  east  line 
of  the  city  limits,  and  east  of  7th  street,  shall  be  denomina¬ 
ted  the  fifth  ward. 

6.  All  that  part  of  the  city  limits  which  lies  east  of  7th  street 
and  north  of  the  centreline  of  Vermont  street,  as  extended 
east  to  the  city  limits,  shall  be  denominated  the  sixth  ward. 


CITY  CHARTER. 


0 


Section  1. 
“  2. 
“  3. 

“  4. 

“  5. 

“  6. 


“  8. 
«  9. 

“  10. 
“  11. 
«  12. 
"  13. 
“  14. 
“  15. 
“  16. 
“  17. 
«  18. 
“  29. 
“  20. 

“  21. 
a  ?9 

jLi  jLm* 

“  23 
“  24. 
“  25. 
“  26. 
“  27. 


CHAPTER  IT. 

OFFICERS  AND  THEIR  ELECTION. 

City  Council. 

Cbiet  Executive. 

Qualifications  of  Mayor. 

Office  how  vacated, 

When  tie  vote  for  Mayor,  how  disposed  of. 

Office  of  Mayor  when  contested  how  disposed  of. 
Vacancy  in  Mayor’s  office  how  filled. 

Qualifications  of  Aldermen. 

Vacancy  when. 

Returns  and  contest  of  members. 

Quorum. 

Rules  of  proceedings,  with  power  to  expel  members. 
Journal  of  proceedings  to  be  kept. 

Alderman  to  hold  no  office,  &c. 

Vacancies  how  filled. 

Mayor  and  Aldermen  to  take  oath. 

When  tie  vote  for  Aldermen  how  disposed  of. 

Stated  meetings. 

Elections  when — notice  how  given. 

Mayor  and  Marshal  how  elected. 

Manner  of  representation  of  1st,  2nd  and  3d  wards, 
do  of  4th,  5th  and  6th  wards. 

Divided  into  classes. 

Vacancies— election  how  ordered. 

Who  not  qualified  to  hold  office- 
Elections  how  conducted. 

V oters  who,  and  residence  defined. 


y 


Section  1.  The  muniipal  government  of  the  city  shall 
consist  of  a  City  Council,  composed  of  the  Mayor  and  two 
Aldermen  from  each  ward. 


Sec.  2.  The  chief  executive  of  the  City  shall  be  a  Mayor, 
who  shall  be  elected  by  the  qualified  voters  of  the  City,  and 
shall  hold  his  office  for  one  year,  and  until  his  successor  shall 
be  elected  and  qualified. 

See.  8.  No  person  shall  be  eligible  to  the  office  of  Mayor 
who  shall  not  have  been  a  resident  of  the  City  for  one  year 
next,  preceding  his  election,  or  who  shall  be  under  twenty-one 


6 


CITY  CHARTER. 


years  of  age,  or  who  shall  not  at  the  time  of  his  election  be  a 
citizen  of  the  United  States. 

Sec.  4.  If  any  Mayor  shall,  during  the  time  for  which  he 
shall  have  been  elected,  remove  from  the  city,  his  office  shall 
be  vacated. 

Sec.  5.  When  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  Mayor,  the  Judges  of  election  shall  certify 
the  same  to  the  City  Council,  who  shall  proceed  to  determine 
the  same  by  lot,  in  such  manner  as  may  be  provided  by  ordi¬ 
nance. 

Sec.  6.  Whenever  an  election  of  Mayor  shall  be  contested, 
the  City  Council  shall  determine  the  same  in  such  manner  as 
may  be  prescribed  by  ordinance. 

Sec.  7.  Whenever  any  vacancy  shall  happen  in  the  office 
of  Mayor,  it  shall  be  filled  by  election. 

Sec.  8.  No  person  shall  be  an  Alderman  unless  at  the 
time  of  his  election  he  shall  have  resided  six  months  within  the 
limits  of  the  City,  and  shall  be,  at  the  time  of  his  election, 
twenty-one  years  of  age,  and  a  citizen  of  the  United  States. 

Sec.  9.  If  any  Alderman  shall,  after  his  election,  remove 
from  the  Ward  for  which  he  is  elected,  his  office  shall  be  vaca¬ 
ted. 

Sec.  10.  The  City  Council  shall  judge  of  the  qualifica¬ 
tions,  elections,  and  returns,  of  their  owTn  members,  and  shall 
determine  all  contested  elections. 

Sec.  11.  A  majority  of  the  City  Council  shall  constitute 
a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members 
under  such  penalties  as  may  be  prescribed  by  ordinance. 

Sec.  12.  The  City  Council  shall  have  power  to  determine 
the  rule  of  its  proceedings,  punish  its  members  for  disorderly 
conduct ;  and  with  the  concurrence  of  two-thirds  of  the  mem¬ 
bers  elected,  expel  a  member. 

Sec.  13.  The  City  Council  shall  keep  a  journal  of  its  pro¬ 
ceedings,  and  from  time  to  time  publish  the  same,  and  the  yeas 


CITY  CHARTER.  7 

and  nays,  when  demanded  by  any  member  present,  shall  be 
entered  on  the  Journal. 

Sec.  14.  No  Alderman  shall  be  appointed  to  any  office 
under  the  authority  of  the  City,  which  shall  have  been  creat  ed 
or  the  emoluments  of  which  shall  have  been  increased  during 
the  time  for  which  he  shall  have  been  elected. 

Sec.  15.  All  vacancies  that  shall  occur  in  the  Board  of 
Aldermen,  shall  be  filled  by  election. 

Sec.  15.  The  Mayor  and  each  Alderman,  before  entering 
upon  the  duties  of  their  office,  shall  fcrke  and  subscribe  an  oath 
that  they  will  support  the  Constitution  of  the  United  States, 
and  of  this  State,  and  that  they  will  truly  perform  the  duties 
of  their  offices  to  the  best  of  their  skill  and  abilities. 

Sec.  17.  Whenever  there  shall  be  a  tie  in  the  election  of 
Aldermen,  the  Judges  of  election  shall  certify  the  same  to  the 
Mayor,  who  shall  determine  the  same  by  lot  in  such  manner 
as  shall  be  provided  by  Ordinance. 

Sec.  18.  There  shall  be  twelve  stated  meetings  of  the  City 
Council  in  each  year,  at  such  times  and  places  as  may  be  pre¬ 
scribed  by  Ordinance. 

Sec.  19.  An  election  shall  be  held  in  each  of  the  wards  of 
said  City,  on  the  third  Monday  in  April  in  each  and  every 
year,  at  such  place  as  the  City  Council  may  appoint,  and  of 
which  notice  shall  be  given  by  publishing  the  same  in  a  public 
newspaper  published  in  said  City,  or  by  posting  written  or 
printed  notices  in  three  public  places  in  each  ward,  giving  at 
least  ten  days  notice  thereof  by  the  City  Clerk,  as  may  be 
provided  by  Ordinance  by  the  City  Council. 

Sec.  20.  At  the  annual  election  there  shall  be  elected  by 
the  qualified  voters  of  said  City,  a  Mayor  and  Marshal,  and 
the  person  having  the  highest  number  of  votes  in  the  whole 
City,  for  either  of  said  offices,  shall  be  declared  duly  elected ; 
at  the  same  time  the  electors  in  their  respective  wards,  shall 
vote  for  one  Alderman,  and  the  person  receiving  the  highest 
number  of  votes  for  Alderman,  shall  be  declared  duly  elected. 

Sec.  21.  The  several  wards  of  the  City  shall  be  respec" 


CITY  CHARTER. 


8 

tively  represented  in  the  CUy  Council  by  two  Aldermen,  who 
shall  be  residents  thereof,  and  hold  their  offices  respectively  for 
two  years  from  and  after  their  election,  and  until  the  election 
and  qualification  of  their  successors ;  they  shall  be  divided 
into  classes,  consisting  of  one  Alderman  from  each  ward,  so 
that  one  from  each  ward  may  be  annually  elected.  The  first 
class  shall  be  elected  at  the  annual  election  in  April  next,  and 
be  successors  to  the  members  of  the  present  City  Council, 
whose  offices  expire  at  that  time,  the  second  class  shall  be  elec¬ 
ted,  one  year  thereafter,  and  succeed  those  members  who  are 
entitled  to  hold  over  one  year  after  the  next  election.  The 
members  of  each  class  hereafter  elected  shall  respectively  con¬ 
tinue  in  office  two  years.  Provided  that  the  Aldermen  enti¬ 
tled  to  hold  over  one  year  from  the  next  annual  election,  in 
the  third  ward,  as  defined  by  the  Ordinance  of  said  city,  under 
the  former  Charter,  shall  be  entitled  to  hold  said  office  and  act 
as  Alderman  for  the  third  ward,  as  defined  by  this  act,  not¬ 
withstanding  his  residence  may  by  this  act  be  changed  to  the 
second  ward  of  said  City  ;  and  provided  f  urther,  that  this  sec¬ 
tion,  so  far  as  classes  are  concerned,  shall  only  apply  to  the 
Aldermen  of  the  first,  second  and  third  wards  of  said  City. 

Sec.  22.  In  the  fourth,  fifth  and  sixth  wards,  there  shall 
be  elected  at  the  annual  election  in  April  next,  two  Aldermen 
for  each  ward. 

i 

Sec.  22.  At  the  meeting  of  the  City  Council  at  which  the 
votes  for  said  annual  election  shall  be  opened  and  canvassed, 
the  Aldermen  thus  elected  shall  be  divided  by  lot  into  two 
classes,  the  seats  of  the  first  class  shall  be  vacated  at  the  ex¬ 
piration  of  the  first  year,  and  that  of  second  class  at  the  ex¬ 
piration  of  the  second  year. 

Sec.  24.  Whenever  any  vacancy  shall  happen  by  the 
death,  removal,  resignation  or  otherwise,  of  any  officer  elected 
by  the  people,  such  vacancy  shall  be  filled  by  a  new  election ; 
and  the  City  Council  shall  order  such  new  election  within  ten 
days  after  the  happening  of  such  vacancy,  in  such  manner  as 
may  be  prescribed  by  ordinance. 


CITY  CHARTER. 


9 


Sec.  25.  All  citizens  of  the  United  States  qualified  to  vote 
at  any  election  held  under  this  act,  shall  be  qualified  to  hold 
any  office  created  by  this  act,  but  no  person  shall  be  eligible  to 
any  office  or  place,  under  this,  or  any  other  act  in  relation  to 
said  city,  who  is  now,  or  may  hereafter  be  a  defaulter  to  said 
city  or  to  the  state  of  Illinois,  or  any  county  thereof ;  and  any 
person  shall  be  considered  a  defaulter,  who  has  refused  or  neg¬ 
lected,  or  may  hereafter  refuse  or  neglect  for  thirty  days  after 
demand,  made  to  account  for,  and  pay  over  to  the  party  au¬ 
thorized  to  receive  the  same,  any  public  money  which  may 
have  come  into  his  possession,  and  if  any  person  holding  any 
such  office  or  place,  shall  become  a  defaulter  whilst  in  office, 
the  office  or  place  shall  thereupon  become  vacant. 

Sec.  26.  The  manner  of  conducting  and  voting  at  elec¬ 
tions  to  be  held  under  this  act,  the  keeping  of  the  poll  lists, 
canvassing  of  the  votes,  and  certifying  the  returns  shall  be  the 
same  as  nearly  as  may  be,  as  is  now  or  may  hereafter  be  pro¬ 
vided  by  law  at  general  state  elections,  provided  the  City  coun¬ 
cil  shall  have  power  to  regulate  elections. 

Sec.  27.  No  person  shall  be  entitled  to  vote  at  any  elec¬ 
tion  under  this  act,  who  is  not  entitled  to  vote  at  State  elec¬ 
tions,  he  shall  moreover  be  an  actual  resident  of  the  ward  in 
which  he  votes.  Provided  that  the  voter  shall  be  deemed  a  res¬ 
ident  of  the  ward  in  which  he  is  accustomed  to  lodge  ;  and  if 
required  by  any  person  qualified  to  vote  thereat,  shall  take 
the  oath  prescribed  by  the  State  Constitution. 


10 


CITY  CHARTER. 


CHAPTER  III. 

COLLECTION  OE  TAXES  AND  ASSESSMENTS. 
Section  1.  Power  to  prescribe  form  of  Assessment,  &e. 

“  2.  Power  to  levy  and  collect  taxes-ordinary  revenue. 
“  3.  School  tax. 

“  4.  Lamp  tax. 

“  5.  Interest  tax. 


“  0.  Power  of  Collector. 

7.  Keturn  of  Collector  how  disposed  of. 

“  8.  Manner  of  conducting  sales  for  taxes. 

*“  9.  Bight  of  redemption. 

“  10.  Tax  deed  how  obtained. 

“  11.  When  to  be  sold  to  the  City. 

u  12.  Tax  deeds,  evidence  of  certain  facts. 

Section  1.  The  couneil  shall  have  power  by  ordinance  to 
prescribe  the  form  of  assessment  rolls,  and  prescribe  the  duties 
and  define  the  powers  of  assessors,  provided  that  assessors 
shall  have  the  same  powers  as  state  assessors.  The  city  coun¬ 
cil  may  also  make  such  rules,  and  give  such  directions  in  rela¬ 
tion  to  revising,  altering,  or  adding  to  the  rolls  as  they  may 
deem  proper  and  expedient. 

Sec.  2.  The  city  council  shall  have  power  and  authority  to 
levy  and  collect  taxes  upon  all  property,  real  and  personal, 
within  the  limits  of  the  city,  not  exceeding  one  half  per  cent, 
per  annum  upon  the  assessed- value  thereof,  to  defray  the  con¬ 
tingent  and  other  expenses  of  the  city  not  herein  otherwise 
-specially  provided  for,  which  taxes  shall  constitute  the  general 
fund. 

Sec.  3.  To  annually  levy  and  collect  a  school  tax  not  ex¬ 
ceeding  one-eighth  of  one  per  cent,  on  the  dollar  on  all  real 
and  personal  estate,  to  meet  the  expenses  of  purchasing  ground, 
for  school  houses,  and  buildings  and  repairing  school  houses, 
and  supporting  and  maintaining  common  schools. 

Sec.  4.  To  levy  and  collect  on  the  real  estate  in  the  lamp 
district  or  districts,  which  they  shall  from  time  to  time  create, 
a  sufficient  tax  to  defray  three-fourths  of  the  expense  of  light¬ 
ing  the  streets  in  such  district  or  districts  respectively. 

Sec.  5.  To  levy  and  collect  an  annual  tax  on  the  real  and 


1J 


CITY  CHARTER. 

personal  estate  within  the  limits  of  the  city,  sufficient  to  meet 
the’ interest  on  all  Rail  Road  Bonds  issued  by  said  City  here¬ 
tofore  under  any  act  of  the  Legislature,  or  which  may  hereaf¬ 
ter  be  issued  by  authority  of  any  act  of  the  Legislature  of  the 
State  of  Illinois. 

Sec*  6.  The  Collector  of  Taxes  in  and  for  the  City  of 
Quincy,  shall  have  the  same  powers  in  the  collection  of  gen¬ 
eral  or  special  taxes  in  said  City,  as  Collectors  under  the  gen-, 
era!  law  of  the  State  have,  for  the  collection  of  the  State  and 
County  Taxes,  provided  that  the  City  Council  shall  have  the 
right  to  regulate  the  precise  manner  in  which  all  taxes  levied 
under  this  act  shall  be  collected.  , 

Sec.  T.  Upon  the  return  by  the  Collector,  to  the  office  of 
the  City  Clerk,  of  any  real  estate  list  upon  which  taxes  gen¬ 
eral  or  special  remain  due  and  unpaid,  it  shall  be  lawful  for 
the  City  Council  to  enter  an  order  on  the  records  of  said 
Council,  directing  the  City  Clerk  to  proceed  to  advertise  and 
sell  the  real  estate  so  returned  for  the  taxes  so  remaining  due 
and  unpaid,  which  advertisement  shall  be  published  not  less 
than  ten  times,  in  some  daily  newspaper  published  in  said 
city,  particularly  describing  the  same  by  figures  or  otherwise, 
with  the  name  of  the  owner,  when  known,  and  the  amount  of 
taxes  and  costs  due  thereon.  Said  notice  shall  also  contain 
the  time  and  place  of  sale.  The  proceedings  may  be  stopped 
at  any  time  on  the  payment  of  the  taxes  and  costs  due  there¬ 
on  at  the  time  of  making  payment. 

Sec.  8.  All  sales  shall  be  conducted  in  the  manner  requir¬ 
ed  by  law,  but  the  City  Council  shall  have  power  to  prescribe 
the  manner  of  conducting  the  same.  The  sale  shall  be  made 
for  the  smallest  portion  of  ground,  to  be  taken  off  the  east 
side  of  said  lots,  extending  the  whole  length  thereof.  Provi¬ 
ded  said  lots  have  a  northerly  or  southerly  front,  and  from 
the  north  side,  extending  the  whole  length  thereof,  should 
said  lots  have  an  easterly  or  westerly  front.  The  City  Clerk, 
shall  be  entitled  to  such  fees  for  selling  as  may  be  provided  bv 


12 


CITY  CHARTER. 


ordinance,  and  shall  keep  a  record  of  such  sales,  which  shall 
be  open  to  public  inspection  at  all  reasonable  times. 

Sec.  9.  The  same  rights  of  redemption  from  all  sales  for 
taxes,  whether  general  or  special,  made  under  this  act,  shall 
exist  and  to  the  same  extent  as  under  the  general  laws  of  the 
State  now  in  force,  or  that  may  hereafter  be  passed;  the  re¬ 
demption  money  shall  be  paid  to  the  City  Clerk,  and  by  him 
be  accounted  for  as  may  be  provided  for  by  ordinance. 

Sec.  10.  No  purchaser,  of  real  estate  at  a  sale  for  taxes 
under  this  act,  shall  be  entitled  to  a  tax-title  deed  until  he 
shall  have  filed  with  the  City  Clerk  the  same  evidences  as  are 
required  to  procure  a  tax-title  deed  from  Sheriffs  for  sales  made 
for  State  taxes;  upon  the  filing  of  said  evidences  with  the 
City  Clerk,  he  shall  execute  to  said  purchaser,  or  his  assigns, 
a  deed  conveying  the  premises  so  sold  and  unredeemed. 

Sec.  11.  If  at  any  sale  of  real  or  personal  estate,  for  taxes, 

or  assessments,  no  bid  shall  be  made  for  any  parcel  of  land  or 

any  goods  and  chattels,  the  same  shall  be  struck  off  to  the 

city,  and  thereupon  the  city  shall  receive,  in  the  corporate 

name,  a  certificate  of  the  sale  thereof,  and  shall  be  vested  with 

the  same  rights  as  other  purchasers  at  such  sales 

Sec.  12.  All  deeds  mace  to  purchasers  of  lots  sold  for 

taxes  or  assessments  by  order  of  the  Council,  shall  b eprima 

facia  evidence  in  all  controversies  and  suits  in  relation  to 
*/ 

the  right  of  the  purchaser,  his  or  her  heirs  or  assigns  to  the 
premises  thereby  conveyed,  of  the  following  facts  :  1st,  that 
the  land  or  lot  conveyed  was  subject  to  taxation  or  assessment 
at  the  time  the  same  was  advertised  for  sale,  and  had  been 
listed  and  assessed  in 'the  time  and  manner  required  tby  law. 
2nd,  that  the  taxes  or  assessments  were  not  paid  at  any  time 
before  the  sale.  3d,  that  the  land  conveyed  has  not  been  re¬ 
deemed  from  the  sale  at  the  date  of  the  deed,  and  shall  be  con¬ 
clusive  evidence  of  the  following  facts :  1st,  that  the  land  or 
lot  was  advertised  for  sale  in  the  manner  and  for  the  length  of 
time  required  by  law.  2nd,  that  the  land  was  sold  for  taxes 
or  assessments  as  stated  ir  the  deed.  3d,  that  the  grantee  in 


CITY  CHARTER. 


L  o 


the  deed  tv  as  the  purchaser.  4th,  that  the  sale  was  conducted 
in  the  manner  required  by  law,  and  in  all  controversies  and 
suits  involving  the  title  to  land  claimed  and  held  under  and-bv 
virtue  of  such  deed,  the  person  or  persons  claiming  title  ad¬ 
verse  to  the  title  conveyed  by  such  deed  shall  be  required  to 
prove  in  order  to  defeat  the  said  title  either  that  the  land  was 
not  subject  to  taxation  at  the  date  of  the  sale  ;  that  the  taxes 
or  assessments  had  been  paid,  that  the  land  had  never  been 
listed  and  assessed  for  taxation '  and  assessment,  or  that  the 
same  had  been  redeemed  according  to  the  provisions  of  thi. 
act,  and  that  such  redemption  was  made  for  the  use  and  bene 
fit  of  the  persons  having  the  right  of  redemption  under  th( 
laws  of  this  State,  but  no  persons  shall  be  permitted  to  ques  . 
tion  the  title  acquired  by  the  said  deed,  without  first  showing 
that  he,  she  or  they,  or  the  person  under  whom  he,  she  or  the}' 
claim  title,  had  title  to  the  land  at  the  time  of  the  sale,  or  that 
the  title  was  obtained  from  the  United  States,  or  this  State, 
after  the  sale,  and  that  all  taxes  due  upon  the  lands  had  been 
paid  by  such  persons,  or  the  person  under  whom  he  claims  title 
as  aforesaid. 


14 


CITY  CHARTER. 


CHAPTER  IV. 

OF  THE  LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 

Section  1.  Power  to  appoint  officers  and  elect  printer. 

“  2.  Bond  and  oath  required. 

“  3.  Regulate  schools  and  borrow  money. 

«  4.  Provide  for  paying  debts  of  the  city. 

«  5.  Make  quarantine  laws,  &c. 

“  6.  Establish  hospitals. 

“  7.  Power  to  compel  abatement  of  nuisance. 

“  8.  Prohibit  awnings. 

“  9.  Refusal  to  remove  nuisance,  fine,  &c. 

“  10.  Fill  where  standing  water  is  nuisance,  and  levy  and  collect  tax 
to  defray  the  same. 

«  11.  To  control  cars  drawn  by  steam,  and  prohibit  Rail  Roads  from 

storage  business. 

“  12.  Special  tax  for  side  walks. 

“  13.  Power  to  open  and  lay  out  streets,  &c. 

“  14.  Power  to  purchase  for  streets,  &c. 

“  15.  Power  to  appoint  Commissioner — manner  of  notice  to  be  given 
and  how. 

“  16.  When  appointed — Clerk  to  give  notice  of. 

“  17.  Commissioners  to  be  sworn. 

“  18.  Damages — how  assessed — power  of  Commissioners. 

“  19.  Filing  of  report,  Clerk  to  give  notice  of. 

“  20.  Appeal  how  taken. 

“21.  Who  to  be  defendant. 

“  22.  Appealswhen  to  be  advertised  by  Circuit  Clerk. 

“  23.  Notice  of  Circuit  Clerk  to  City  Clerk. 

“  24.  Failure  to  prosecute,  how  disposed  of. 

“  25.  Trial  by  Jury,  &c. 

“  26.  Judgment,  how  rendered. 

“  27.  Proceedings  in  court. 

“  28.  Payments,  how  made. 

“  29.  Report  of  Commissioners,  evidence. 

"  30.  City  Clerk  to  procure  copy  of  advertisement. 

“  31.  Three  Commissioners  may  act. 

“  32.  Commissioner’s  fee. 

“  33.  Power  of  over  streets. 

“  34.  Control  of  side  walks. 

“  35.  Wharfage  to  collect. 

“  36.  Erect  and  regulate  Wharves  and  wharfage. 


/ 


CITY  CHARTER, 


15 


u 


u 


37. 
»  38. 
“  39. 
“  40. 
“  41. 
“  42. 

“  43. 
“  44. 

“  45. 

46. 

47. 

48. 

49. 

50. 

«  51. 

«  52. 

“  53. 

“  54. 
“  55. 
“  56. 
«  57. 
“  58. 
“  59. 
“  60. 
“  61. 
“  62. 
“  63. 
«  64. 
«  65/ 
“  66. 


Weights  and  Measures. 

Inspection  of  lumber — measurements,  &c, 
“  Coal,  Wood,  &c. 

“  Flour,  &c. 

“  Butter,  &c. 

“  Bread,  &c. 

“  Bricks. 

To  take  census.  • 

To  elect  and  remove  City  Officers. 
Compensation  to  fix. 

Regulate  the  police  and  fines. 

Regulate  Ferries. 

Bridges. 

Wards  to  form. 

Lamp  posts,  &c. 

Watchmen  and  Police. 

Market  Houses,  &c. 

Regulate  Butchers. 


it 


it 


it 


it 


Auctioneers,  Groceries,  &c. 

Omnibusses,  &c. 

Porters. 

Theatres. 

Tippling  Houses. 

Gunpowder. 

Partition  Fences. 

Improve  River. 

Erect  buildings. 

Erect  Bridewell,  or  House  of  Correction. 

Fines 'worked  on  the  streets. 

Power  to  arrest  destitute  children. 

“  67.  Quincy  and  Palmyra  Rail  Road,  manner  of  making  subscrip¬ 
tion  to. 

Power  to  make  ordinances. 

Style  of  ordinances. 

Ordinances  to  be  published. 

Ordinances  how  proven. 

Section  1.  The  City  Council  shall  have  power  to  appoint 
a  Clerk,  Treasurer,  Assessor  or  Assessors,  Street  Commission¬ 
er  or  Commissioners,  Police  Constable,  a  Chief  and  Assistant 
Engineers  of  the  Fire  Department,  and  all  such  other  officers 
as  they  may  deem  necessary,  and  shall  also  designate  one  pub- 


“  68. 
“  69. 
“  70. 
“  71. 


I 


CITY  CHARTER. 


16. 

lie  newspaper  printed  in  said  city,  in  which  shall  be  published 
all  ordinances  and  other  matters  required  in  any  case  by  this 

act.  0 

Sec.  2.  The  City  Council  shall  have  power  to  require  of 
all  officers  elected  under  this  act,  and  of  all  officers  appointed 
in  pursuance  thereof,  bond  with  penalty  and  security,  for  the 
faithful  performance  of  their  respective  duties,  as  may  be 
deemed  expedient,  and  also  to  require  all  officers  as  aforesaid, 
to  take  an  oath  for  the  faithful  performance  of  the  duties  of 
their  respective  offices,  before  entering  upon  the  discharge  of 
the  same. 

Sec.  3.  To  establish,  support  and  regulate  common  schools, 
to  borrow  money  on  the  credit  of  the  city,  provided  that  no 
sum  or  sums  of  money  shall  be  borrowed  at  a  greater  interest 
than  six  per  cent,  per  annum. 

Sec.  4.  To  appropriate  money  and  provide  for  the  pay¬ 
ment  of  the  debt  and  expenses  of  the  city. 

Sec.  5.  To  make  regulations  to  prevent  the  introduction  of 
contagious  diseases  into  the  city,  and  to  make  quarantine  laws 
for  that  purpose,  and  enforce  the  same  within  five  miles  of  the 
city. 

Sec.  6.  To  establish  hospitals,  and  make  regulations  for 
the  government  of  the  same. 

Sec.  7.  The  City  Council  shall  have  power  to  compel  the 
owner  or  occupant  of  any  cellar,  tallow  chandler’s  shop,  soap 
factory,  tannery,  stable,  barn,  privy,  sewer,  or  other  unwhole¬ 
some  nauseous  house  or  place,  to  cleanse,  remove  or  abate  the 
same  from  time  to  time  as  often  as  may  be  necessary  for  the 
health,  comfort  and  convenience  of  the  inhabitants  of  said  city. 

Sec.  8.  To  prohibit  the  erection  of  awnings  or  sheds,  and 
direct  and  control  the  erection  thereof. 

Sec.  9.  To  abate  and  remove  nuisances,  and  punish  the  au¬ 
thors  thereof  by  penalties,  fine  and  imprisonment,  and  to  define 
and  declare  what  shall  be  deemed  nuisances,  and  authorize  and 
direct  the  summary  abatement  thereof. 


17 


¥ 


CITY  CHARTER 

Sec.  10.  To  till  up  any  place  whereon  standing  water  may 
be  found,  which  may  have  been  declared  a  nuisance  by  the  said 
Council,  to  fill  up,  drain,  cleanse,  alter,  relay,  repair,  and  regu¬ 
late  any  grounds,  yards,  barns,  slips,  cellars,  private  drains,  sinks 
and  privies,  direct  and  regulate  their  construction,  and  cause  the 
expenses  to  be  assessed  and  collected  in  the  same  manner  as  side 
walk  assessments.  # 

Sec.  11.  To  regulate  and  prohibit  the  use  of  locomotive  en¬ 
gines  within  the  city,  and  may  require  the  cars  to  be  used  there¬ 
on  to  be  drawn  or  propelled  by  other  power  than  that  of  steam ; 
to  direct  and  control  the  location  of  rail  road  tracks  and  depot 
grounds,  and  prohibit  rail  road  companies  from  doing  storage  and 
warehouse  business,  or  collecting  pay  for  storage. 

Sec.  12.  The  City  Council  of  said  city  shall  have  power  by 
ordinance  to  levy  and  collect  a  special  tax  on  the  owner  or  owners 
of  the  lot  or  lots,  on  any  street,  lane,  avenue  or  alley  within  said 
city,  for  the  purpose  of  grading  or  paving  the  side  walks  in  front 
of  their  respective  lots,  and  keeping  the  said  side  walks  in  repair, 
and  for  the  purpose  of  lighting  such  street,  lane,  avenue  or  alley. 

Sec.  13.  The  City  Council  of  the  said  City  of  Quincy  shall 
have  power  and  authority  to  lay  out,  establish,  open,  enclose, 
improve  and  keep  in  repair  public  squares  or  grounds ;  to  lay 
out,  open,  alter,  abolish,  widen,  extend,  establish,  grade,  pave, 
improve  and  keep  in  repair  streets,  lanes,  avenues  and  alleys 
and  to  lay  out,  open,  establish,  enlarge,  extend,  alter,  change, 
abolish,  improve  regulate  and  Keep  in  repair  public  landings, 
wherever  they  may  deem  proper  within  the  limits  of  said  city. 

Sec.'  14.  The  said  Council  shall  also  have  power  and  au¬ 
thority  to  purchase  all  or  any  lands  which  may  be  required 
for  any  of  the  purposes  in  the  last  preceding  section  of  this 
act  mentioned,  if  able  to  agree  with  the  owner  or  owners  there¬ 
of,  and  to  take  and  appropriate  the  lands  thus  purchased  and 
any  other  suitable  lands  belonging  to  said  city,  which  may  not 
at  the  time"  of  such  appropriation,  be  appropriated  by  said 

city  to  some  other  public  use,  for  any  of  the  purposes  afore- 

2 


i 


CITY  CHARTER. 


18 

said  for  which  lands  may  be  required,  and  the  said  council 
shall  also  have  power  and  authority  to  take  and  appropriate 
for  any  of  the  purposes  aforesaid,  for  which  lands  may  be  re¬ 
quired,  all  lands  thus  required  not  having  been  purchased  as 
aforesaid,  nor  belonging  to  said  city  in  the  manner  hereinafter 
specified.  All  lands  so  purchased  as  hereinbefore  provided, 
shall  be  conveyed  to  said  city  by  deed,  or  deeds,  good  and  suf¬ 
ficient  for  that  purpose ;  and  all  of  the  estate,  right,  title  and 
interest  of  each  of  the  vendors  of  such  lands  shall,  from  the 
time  the  same  shall  be  conveyed  as  aforesaid,  vest  in  said  city 
absolutely. 

Sec.  15.  Whenever  the  said  Council  shall  have  determin¬ 
ed  by  an  order  duly  entered  of  record  to  do  any  of  the  things 
in  the  foregoing  section,  for  which  land  may  be  required,  and 
what  land  they  will  take  and  appropriate  for  such  purpose  or 
purposes,  they  shall  cause  a  plat  or  map  of  such  land  to  be 
made  by  some  competent  surveyor,  and  filed  in  the  office  of  the 
Clerk  of  said  City ;  and  when  any  person  or  persons  other 

V 

than  said  city  shall  have  any  interest  in  said  land,  the  City 
Council  of  said  city,  without  any  unreasonable  delay  after  the 
making  of  such  order,  shall  appoint  five  disinterested  freehold¬ 
ers,  residents  of  said  city,  as  commissioners  to  assess  the  com¬ 
pensation  to  be  paid  by  said  city  to  each  and  every  person 
having  an  interest  in  said  land,  for  his  or  her  interest  in  the 

same.  The  City  Clerk  having  first  given  notice  to  all  persons 
interested,  that  they  would  appoint  such  commissioners,  and 
of  the  time  and  place,  which  shall  be  within  said  city,  when 
and  where  such  appointment  will  be  made,  and  of  the  land  to 
be  appropriated,  and  the  purpose  or  purposes  for  which  the 
same  is  to  be  appropriated,  by  an  advertisement  published  in 
ten  successive  numbers  of  some  daily  newspaper  published  in 
said  city,  the  first  publication  whereof  shall  be  at  least  'fifteen 
days  previous  to  the  time  fixed  upon  for  such  appointment. 
All  persons  interested  in  the  land  to  be  appropriated,  may  ap¬ 
pear  before  the  Council  at  the  time  and  place  fixed  upon  for 


CITY  CHARTER.  19 

the  appointment  of  commissioners,  and  be  •  heard  relative  to 
their  appointment. 

Sec.  16.  Upon  the  appointment  of  Commissioners  as  here¬ 
inbefore  provided,  the  City  Council  shall  make  an  order  defin¬ 
ing  the  time  N  and  place,  when  and  where  said  commissioners 
shall  meet,  whereupon  the  Clerk  of  said  city  shall  give  notice 
to  all  persons  interested,  of  the  appointment  of  the  commis¬ 
sioners  therein  mentioned,  the  purpose  for  which  they  are  ap¬ 
pointed,  the  land  to  be  appropriated,  and  the  purpose  or  pur~ 
poses  for  wjiich  the  same  is  to  be  appropriated,  and  of  the 
time  and  place  in  such  instrument  fixed  upon  for  the  commis¬ 
sioners  to  meet  for  the  purpose  of  entering  upon  the  duties  of 
their  appointment,  to  be  published  in  ten  successive  numbers 
of  some  daily  newspaper,  published  in  said  city,  the  first  pub¬ 
lication  whereof  shall  be  at  least  fifteen  days  previous  to  the 
time  fixed  upon  for  said  commissioners  to  meet ;  and  before 
the  time  for  such  meeting  said  Clerk  shall  deliver  to  said  com¬ 
missioners  a  notice  of  their  appointment,  and  a  transcript  of 
said  order,  duly  certified  by  him  to  be  such  under  the  seal  of 
said  city. 

Sec.  IT.  Commissioners  appointed  as  hereinbefore  provi¬ 
ded,  shall,  before  entering  upon  the  duties  of  their  appoint¬ 
ment,  be  sworn  before  some  person  authorized  to  administer 
oaths,  that  they  will  fairly  and  impartially  perform  the  duties 
required  of  them  as  commissioners,  according  to  the  best  of 
their  judgment,  understanding  and  ability,  and  they  shall  meet 
at  the  time  and  place  in  the  order  set  forth,  and  proceed  with¬ 
out  any  unnecessary  delay  in  the  performance  of  their  duties, 
until  the  same  shall  be  completed. 

Sec.  18.  Said  commissioners  shall  inquire  into,  and  to  the 
best  of  their  ability  ascertain  the  damages  each  person  having 
an  interest  in  the  land  to  be  appropriated  will  sustain,  and  the 
benefits  he  or  she  will  derive  from  or  on  account  of  the  appro¬ 
priation  and  use  determined  upon  or  contemplated  by  said 
council  being  made,  regarding  in  such  case  the  land  or  lands 


20 


cm'  cii  a  ktek. 


required  us  being  worth  what  would  be  the  cash  value  oi‘  the 
same,  if  no  such  appropriation  and  use  had  been  contemplated, 
and  no  more,  and  disregarding  all  benefits  any  person  may  de¬ 
rive  in  common  with  others  whose  land  or  lands  shall  not  be 
required  ;  and  in  each  case  where  the  damages  to  be  ascertain¬ 
ed  shall  exceed  the  benefits  to  be  ascertained,  said  commission¬ 
ers  shall  assess  as  the  compensation  to  be  paid  by  said  city  to 
the  person  interested  for  his  or  her  interest  in  said  land  the 
amount  such  damages  shall  exceed  such  benefits,  or  if  the  ben¬ 
efit  be  greater  than  the  damages  in  either  case  tfie  commission¬ 
ers  shall  strike  a  balance,  and  carry  the  difference  forward 
to  another  column,  so  that  the  assessment  may  show  what 
amount  is  to  be  received  or  paid  by  such  owners  respec¬ 
tively,  and  the  difference  only  shall,  in  any  case,  be  collectable 
of  them  ;  and  said  commissioners  shall  make  a  report  in  writ¬ 
ing  under  their  hands,  designating  the  land  to  be  appropriated 
and  the  purpose  or  purposes  for  which  the  same  is  to  be  appro¬ 
priated,  and  the  respective  amounts  which  shall  have  been  so 
assessed  by  them  as  aforesaid,  and  the  persons  respectively  en¬ 
titled  to  the  same ;  which  report  they  shall  immediately  on  the 
same  being  made,  file  in  the  office  of  the  Clerk  of  said  city. 
Said  commissioners  in  performing  their  duties,  shall  have  pow¬ 
er  to  adjourn  from  time  to  time,  and  they  shall  also  have  pow¬ 
er,  and  it  shall  be  their  duty  to  view  and  inspect  the  land  to 
be  appropriated,  to  hear  such  suggestions,  evidence  and  argu¬ 
ment  as  may  be  offered  by  the  Mayor,  or  any  attorney  or 
agent  of  said  city,  or  any  person  interested  hi  such  land,  and 
to  swear  or  affirm  all  witnesses  who  may  be  brought  before  them 
to  testify,  and  to  issue  summons  for,  and  by  compulsory  pro¬ 
cess  compel  the  attendance  of  all  witnesses  who  may  be  desir¬ 
ed  for  such  purpose. 

Sec.  19.  The  Clerk  of  said  city,  upon  the  report  of  com¬ 
missioners  appointed  under  the  provisions  of  this  act,  being 
filed  in  his  office,  shall  give  notice  thereof  and  of  the  time  of 
filing  the  same,  the  assessments  therein  mentioned,  the  land 


CITY  CHARTER. 


21 

to  bo  appropriated  and  the  purpose  or  purposes  for  which  the 
same  is  to  be  appropriated,  by  an  advertisement  to  be  publish¬ 
ed  in  ten  successive  numbers  of  some  daily  newspaper  publish¬ 
ed  in  said  city,  the  first  publication  whereof  shall  be  within 
live  days  after  the  filing  of  said  report,  and  said  Clerk  shall 
deliver  a  copy  of  all  such  reports  to  any  party  or  person  de¬ 
manding  the  same,  as  soon  as  practicable  after  demand  made. 

Sec.  20.  An  appeal  may  be  taken  to  the  circuit  court  of 
Adams  county,  from  any  assessment  of  the  commissioners  either 
by  'said  city  of’  any  person  in  whose  favor  such  assessment  shall 
have  been  made,  or  his  or  her  legal  representatives,  and  an  ap¬ 
peal  may  be  taken  to  said  court  from  the  report  of  commis¬ 
sioners  by  any  person  interested  in  the  land  to  be  appropria¬ 
ted,  at  the  time  of  such  report  being  filed,  in  whose  favor  no 
assessment  shall  have  been  made,  or  his  or  her  legal  represen¬ 
tatives  ;  but  no  appeal  from  the  report  of  the  commissioners, 
or  any  assessment  therein  mentioned,  shall  be  allowed  unless 
the  party  entitled  thereto  shall,  within  twenty  days  from  the 
filing  of  the  report  of  the  commissioners,  cause  a  good  and 
sufficient  bond  of  some  resident  of  said  county,  to  be  filed  in 
the  office  of  the  Clerk  of  said  court,  payable  if  the  appeal  be 
taken  by  said  city,  to  the  people  of  the  State  of  Illinois,  for 
the  use  of  the  person  or  persons  entitled  to  the  assessment  ap¬ 
pealed  from ;  and  in  all  other  cases  to  said  city,  and  all  such 
appeal  bonds  shall  be  in  the  penalty  of  five  hundred  dollars, 
and  conditioned  in  substance  that  the  party  appealing  shall 
prosecute  the  appeal  taken  without  delay,  and  pay  all  costs 
which  may  be  adjudged  against  such  party  upon  dismissal  or 
trial  of  such  appeal. 

Sec.  21.  In  all  appeals  herein  provided  for,  said  city  shall 
be  defendant,  and  the  person  or  persons  appealing,  if  other 
than  said  city,  plaintiff  or  plaintiffs.  When  the  appeal  shall 
be  taken  by  said  city,  the  person  in  whose  favor  the  assess¬ 
ment  appealed  from  is  made,  shall  be  named  as  plaintiff,  and 
so  treated  and  regarded  until  the  appeal  is  finally  disposed  of ; 


22 


CITY  CHARTER. 


unless  during  the  pendency  of  such  appeal  the  legal  represen¬ 
tatives  of  such  person  shall  be  made  plaintiff  or  plaintiffs  as 
hereinafter  provided.  And  whenever  the  court  shall  be  satis¬ 
fied  of  the  death  of  any  plaintiff  in  appeal  during  the  penden¬ 
cy  of  the  appeal,  and  who  the  legal  representatives  of  such 
plaintiff  are,  it  shall,  by  an  order  to  be  entered  of  record,  sub¬ 
stitute  such  legal  representatives  as  plaintiff  or  plaintiffs  in 
the  place  of  such  plaintiff.  Whenever  the  court  shall  be  sat-  • 
isfied  that  the  person  named  as  plaintiff  in  any  appeal  taken 
by  said  city,  died  after  the  filing  of  the  report  of  the  commis¬ 
sioners,  and  before  the  filing  of  the  appeal  bond,  and  who  the 
legal  representatives  of  such  person  are,  it  shall,  by  an  order 
to  be  entered  of  record,  substitute  such  legal  representatives 
as  plaintiff  or  plaintiffs  in  the  place  of  such  person. 

Sec.  22.  All  appeals  herein  provided  for,  shall  be  placed 
on  the  law  docket  of  said  court,  the  same  as  other  cases  in  law, 
and  the  Clerk  of  said  court  shall  in  each  case  of  appeal  taken 
by  said  city,  without  any  unnecessary  delay,  after  the  filing 
of  the  transcript  in  the  next  section  of  this  act  mentioned, 
give  notice  thereof,  and  of  the  parties  thereto,  in  what  court 
the  same  is  pending,  and  the  land  to  be  appropriated,  by  an 
advertisement  to  be  published  once  each  week  for  four  weeks 
in  succession,  in  some  weekly  newspaper  published  in  said  city ; 
and  at  the  first  term  of  said  court  after  the  expiration  of  forty 
days  from  the  first  publication  of  such  notice,  the  plaintiff  in 
such  appeal  shall,  for  all  purposes,  be  treated  and  considered 
in  court.  No  notice  of  appeal  taken  to  said  court  by  any  other 
person  or  persons  than  said  city,  shall  be  required  to  be  given, 
but  said  city,  as  well  as  the  plaintiff  or  plaintiffs  in  such  ap¬ 
peal,  shall  be  considered  as  in  court  for  all  purposes  at  the  first 
term  thereof,  after  the  expiration  of  five  days  from  the  time 
of  filing  the  appeal Jbond. 

Sec.  23.  Whenevernn  appeal  shall  be  taken  to  said  court, 
either  from  the  report  of  the  commissioners  or  any  assessment 
therein  mentioned,  the  Clerk^of  said^city,  upon  notice  being 


CITY ,  CHARTER. 


23 


given  him  by  the  Clerk  of  said  court,  provided  the  Clerk  of 
said  court  shall  give  said  notice  within  twenty-four  hours  after 
the  filing  of  said  appeal  bond,  shall  file  a  transcript,  of  said 
order  of  said  council,  the  instrument  of  the  appointment  of 
the  commissioners  and  the  report  of  the  commissioners,  certi¬ 
fied  by  him  to  be  such  under  the  seal  of  said  city,  in  the  office 
of  the  Clerk  of  said  court.  When  five  days  shall  intervene 
between  the  filing  of  the  appeal  bond  in  any  such  appeal  and 
the  commencement  of  the  next  term  of  said  court  thereafter, 
it  shall  be  the  duty  of  the  Clerk  of  said  city  to  so  file  such 
transcript  on  ©r  before  the  first  day  of  the  next  term  of  said 
court,  and  in  all  other  cases  it  shall  be  his  duty  to  so  file  such 
transcript  on  or  before  the  first  day  of  the  second  term  of  said 
court,  which  may  be  held  after  the  filing  of  such  bond. 

Sec.  24.  Whenever  the  plaintiff  or  plaintiffs  in  any  aj>peal 
hereinbefore  provided  for,  shall  fail  or  neglect  to  prosecute  any 
such  appeal  taken  by  him,  her  or  them,  or  the  person  or  per¬ 
sons  he,  she  or  they  may  represent  in  such  appeal,  the  Same 
shall  be  dismissed,  and  judgment  rendered  by  the  court  against 
such  plaintiff  or  plaintiffs  for  the  cost  of  said  city,  expended 
in  such  appeal.  And  when  said  city  shall  fail  or  neglect  to 
prosecute  any  such  appeal  taken  by  it,  the  same  shall  be  dis¬ 
missed,  and  judgment  rendered  against  it  for  the  costs  of  the 
plaintiff  or  plaintiffs  in  such  appeal. 

Sec.  24.  The  trial  of  appeal  to  said  court  herein  authori¬ 
zed  shall  be  by  jury,  as  in  ordinary  cases,  unless  the  parties 
waive  a  jury  and  consent  to  be  tried  by  the  court,  in  which 
case  the  trial  shall  be  by  the  court.  In  case  of  trials  by  jury 
the  jury  shall  swear  or  affirm  that  they  will  well  and  truly  try 
the  cases  according  to  the  law  and  the  evidence.  Every  such 
appeal  shall  present  for  trial  as  to  each  and  every  plaintiff  in 
the  case,  the  question  whether  he  or  she  is  entitled  to  any  com¬ 
pensation,  to  be  paid  by  said  city,  for  any  interest  in  the  land 
to  be  appropriated,  and  if  so,  how  much ;  and  in  determining 
this  question  the  court  or  jury,  as  the  case  may  be,  shall  so  far 


24 


CITY  CHARTER. 


as  the  same  are  applicable,  be  governed  by  the  rules  hereinbe¬ 
fore  provided  for  the  government  of  commissioners  in  assess¬ 
ing  compensation.  When  the  cause  is  tried  by  a  jury,  their 
verdict  may  be  returned  orally  or  in  writing,  and  in  all  cashes 
the  court  shall  cause  the  same  to  be  reduced  to  proper  form  so 
as  to  express  truly  and  fully  the  findings  of  the  jury — verdicts 
of  juries  and  findings  of  the  court  in  cases  under  this  act  shall 
be  truly  and  fully  recorded. 

Sec.  26.  A  judgment  shall  be  rendered  by  the  court  upon 
every  verdict  of  the  jury  or  finding  of  the  court  in  cases  under 
this  act — that  the  interest  of  each  and  every  plaintiff  in  in¬ 
terest  in  the  land  so  appropriated  vest  in  said  city  to  be  appro¬ 
priated  and  used  for  the  purpose  or  purposes  determined  upon 
by  said  council,  upon  the  payment  by  the  said  city  of  the  as¬ 
sessment  or  assessments  in  the  verdict  of  finding  mentioned  : 
and  all  such  judgments  shall  be  conclusive  as  to  all  plaintiffs 
upon  the  payment  of  the  assessment  therein  mentioned,  in  the 
manner  hereinafter  provided.  The  costs  which  arise  or  grow 
out  of  appeals  tried,  may  be  apportioned  and  judgment  render¬ 
ed  therefor,  as  to  the  court  may  seem  just  and  proper. 

Sec.  27.  The  proceedings  in  court  under  the  provisions  of 
this  act,  except  as  is  otherwise  herein  provided,  shall  be  the  same 
as  in  appeal  from  Justice  of  the  Peace,  so  far  as  applicable, 
and  the  court  shall  have  power  and  authority  to  make  all  rules 
and  orders  necessary  and  proper  for  a  full  and  fair  trial  of  the 
question  involved. 

Sec.  28.  Payments  of  compensation  assessed  under  and 
by  virtue  of  the  provisions  of  this  act,  whether  by  the  com¬ 
missioners  or  in  court  on  appeal,  may  be  made  to  parties  la¬ 
boring  under  no  disability,  in  whose  favor  the  assessments  were 
made,  to  guardians  of  infants,  husbands  or  trustees  of  femme 
covert ,  and  conservators  of  insane  persons,  and  a  receipt  for 
such  payment  shall  operate  as  a  confirmation  of  the  proceed¬ 
ings,  and  shall  stop  the  parties  in  interest  from  all  further  claims 
or  proceedings  in  the  premises.  Payments  to  persons  resid- 


CITY  CHARTER, 


25 


ing  out  of  this  State,  as  well  as  to  infants  without  guardians, 
and  insane  persons  without  conservators  residing  within  the 
same,  may  be  made  by  depositing  the  money  in  the  treasury 
of  Adams  county,  and  the  receipts  of  parties  entitled  to  mon¬ 
ey  so  deposited  shall  operate  in  like  manner  as  for  receipts  for 
money  paid  to  parties  herein  provided  :  Provided ,  that  if  any 
person  shall  refuse  to  receive  money  when  tendered,  payment 
may  in  such  case  be  made  by  depositing  the  amount  in  said 
treasury,  and  all  receipts  for  money  paid  and  certificates  for 
money  deposited  as  above  provided,  shall  be  filed  in  the  office 
of  the  Clerk  of  said  city. 

Sec.  29.  Reports  of  commissioners  shall  be  conclusive  ev¬ 
idence  that  they  performed  the  duties  required  of  them  as  to 
all  persons  having  an  interest  in  the  land  to  be  appropriated 
who  do  not  appeal  therefrom,  or  from  assessments  therein 
mentioned  as  well  as  to  all  persons  so  appealing,  whose  appeal 
shall  be  dismissed,  and  upon  payment  being  made  as  herein 
before  provided  of  the  assessments  in  such  report  mentioned, 
not  appealed  from  or  appealed  from  where  the  appeal  shall  be 
dismissed,  the  interest  of  all  such  persons  in  the  land  to  be  ap¬ 
propriated  shall  vest  in  said  city  to  be  appropriated  and  used 
for  the  purpose  or  purposes  determined  upon  by  said  council. 

Sec.  30.  As  soon  as  practicable,  after  the  publication  of 
the  advertisements  herein  provided  for,  the  clerk  of  said  city 
shall  procure  from  the  publisher  or  publishers  of  the  same, 
certificates  of  their  due  publication,  with  a  copy  of  the  adver¬ 
tisement  in  each  case  attached,  and  file  such  as  relate  to  ad¬ 
vertisements  caused  to  be  published  by  the  Clerk  of  said  court, 
in  the  office  of  said  Clerk,  and  all  others  in  his  own  office ; 
said  Clerk  shall  also,  as  soon  as  practicable  after  the  final  dis¬ 
position  in  court  of  appeals  herein  provided  for,  procure  from 
the  Clerk  of  the  court,  under  the  seal  thereof,  a  duly  certified 
transcript  in  each  case  of  appeal  bond,  and  all  orders  and 
judgments  of  the  court  and  entries  of  record  therein,  and  also 

of  the  certificates  of  publication  in  cases  where  advertisements 

3 


26 


C.TY  CHARTER. 


are  required  to  be  published  by  the  Clerk  of  the  court,  and 
file  the  same  in  his  office,  as  one  of  the  papers  relating  to  the 
appropriation  determined  upon  by  said  council,  and  said  Clerk 
shall  make  complete  records  in  a  book  to  be  kept  for  that  pur¬ 
pose,  of  all  the  orders  of  said  council,  and  papers  filed  in  his 
office  as  by  his  act  required,  relating  to  appropriations  of  land 
by  said  council,  a  transcript  whereof,  duly  certified  by  said 
Clerk,  under  the  seal  of  said  city,  shall  be  evidence  in  all 
courts  and  places  where  the  original  orders  and  papers  so  to 
be  recorded,  could  be  used  and  have  the, same  effect. 

Sec.  31.  Any  three  of  the  five  commissioners,  at  any  time 
appointed,  may  act  and  execute  any  or  all  of  the  duties  re¬ 
quired. 

Sec.  32.  Each  commissioner  shall  be  "entitled  to  two  dol¬ 
lars  a  day  for  his  services,  to  be  paid  by  said  city. 

Sec.  33.  The  city  council  shall  have  exclusive  power  over 
the  streets  and  alleys,  and  may  abate  any  and  all  obstructions 
and  encroachments  therein,  in  such  manner  as  may  be  provi¬ 
ded  by  ordinance. 

Sec.  34.  To  compel  all  persons  to  keep  the  snow  and  ice 
and  dirt  from  the  side  walks  in  front  of  the  premises  owned  or 
occupied  by  them. 

Sec.  35.  To  levy  and  collect  wharfage  from  any  and  all 
boats,  rafts  or  crafts  of  any  kind  landing  at  any  point  within 
the  limits  of  said  city.  , 

Sec.  36.  To  erect,  repair  and  regulate  public  wharves  and 
the  rate  of  wharfage  thereat ;  to  regulate  and  control  the 
erection  and  repair  of  private  wharves  and  the  rates  of  whar¬ 
fage  thereat. 

Sec.  37.  To  establish  standard  weights  and  measures,  and 
regulate  the  weights  and  measures  to  be  used  in  the  city,  in 
all  cases  not  otherwise  provided  for  by  law. 

Sec.  38.  To  provide  for  the  inspection  and  measurement 
of  lumber  and  other  building  materials,  and  for  the  measure¬ 
ment  of  all  kinds  of  mechanical  work. 


CITY  CHARTER. 


27 


Sec.  39.  To  provide  for  the  inspection  and  weighing  of 
hay,  lime,  and  stone  coal,  the  measurement  of  charcoal,  fire 
wood,  and  other  fuel,  to  be  sold  or  used  within  the  city. 

Sec.  40.  To  provide  for  and  regulate  the  inspection  of  to¬ 
bacco,  beef,  pork,  flour,  meat  and  whisky,  in  barrels. 

Sec.  41.  To  regulate  the  inspection  of  butter,  lard  and 
other  provisions. 

Sec.  42.  To  regulate  the  weight,  quality  and  price  of 
bread  to  be  sold  and  used  in  the  city. 

Sec.  43.  To  regulate  the  size  of  brick  to  be  sold  or  used 
in  the  city. 

Sec.  44.  To  provide  for  taking  enumerations  of  the  inhab¬ 
itants  of  the  city. 

Sec.  45.  To  regulate  the  election  of  city  officers,  and  pro¬ 
vide  for  removing  from  office  any  person  holding  an  office  cre¬ 
ated  by  ordinance. 

Sec.  46.  To  fix  the  compensation  of  all  city  officers,  and 
regulate  the  fees  of  Jurors  witnesses  and  others  for  services 
rendered  under  this  act,  or  any  ordinance. 

Sec.  47.  To  regulate  the  police  of  the  city,  to  impose 
fines,  forfeitures,  and  penalties  for  the  breach  of  any  ordi- 
nonce,  and  provide  for  the  recovery  and  appropriation  of  such 
fines  and  forfeitures,  and  the  enforcement  of  such  penalties. 

Sec.  48.  The  city  council  shall  have  exclusive  power  with¬ 
in  the  city,  by  ordinance,  to  license,  regulate  and  restrain  the 
keeping  of  ferries,  and  to  suppress  and  restrain  billiard  tables. 

Sec.  49.  To  establish,  erect  and  keep  in  repair  bridges. 

Sec.  50.  To  divide  the  city  into  wards,  alter  the  bounda¬ 
ries  thereof,  and  erect  additional^wards,  as  the  occasion  may 
require. 

Sec.  51.  To  provide  for  lighting  the  streets  and  erecting 
lamp  posts. 

Sec.  52.  To  establish,  support,  and  regulate  night  watches, 
and  day  policemen. 

Sec.  53.  To  erect  market  houses,  establish  markets  and 


/ 


28 


CITY  CHARTER. 


market  places,  and  provide  for  the  government  and  regulation 
thereof, 

Sec.  54.  To  regulate  and  license,  or  prohibit  butchers, 
and  to  revoke  their  licenses  for  malconduct  in  the  course  of 
trade,  and  to  regulate,  license  and  restrain  the  sale  of  fresh 
meats  and  vegetables  in  the  city,  and  restrain  and  punish  the 
forestalling  of  poultry,  fruit  and  eggs. 

Sec.  55.  To  license,  tax  and  regulate  auctioneers,  mer¬ 
chants  and  retailers,  groceries  or  drinking  saloons,  beer  houses, 
taverns,  ordinances,  hawkers,  pedlars,  brokers,  pawn  brokers, 
and  money  changers,  and  revoke  such  licenses  at  pleasure. 

Sec.  56.  To  license,  tax  and  regulate  omnibusses,  hackney 
carriages,  wagons,  carts  and  drays,  fix  the  rates  to  be  charged 
for  the  carriage  of  persons,  and  for  wagonage,  cartage  and 
drayage  of  property. 

Sec.  57.  To  license  and  regulate  porters,  and  fix  the  rate 
of  porterage. 

Sec.  58.  To  license,  tax  and  regulate  theatrical  and  other 
exhibitions,  shows  and  amusements,  and  prohibit  dogs  from 
running  at  large  throughout  the  city. 

Sec.  59.  To  tax,  restrain,  prohibit  and  suppress  tippling 
houses,  dram  shops,  gaming  houses,  bawdy,  and  other  disor¬ 
derly  houses.- 

Sec.  60.  To  regulate  the  storage  of  gunpowder,  tar,  pitch, 
rosin,  and  other  combustible  materials. 

Sec.  61.  To  regulate  and  order  parapet  walls  and  partition 
fences. 

Sec.  62.  To  improve  and  preserve  the  navigation  of  the 
Mississippi  within  the  limits  of  the  city. 

Sec.  63.  To  provide  for  the  erection  of  all  needful  build¬ 
ings  for  the  use  of  the  city. 

Sec,  64.  To  erect  or  establish  a  Bridewell,  or  House  of 
Correction,  pass  all  necessary  ordinances  for  the  regulation 
thereof,  and  appoint  a  keeper  and  as  many  assistants  as  may 
be  necessary.  In  the  said  Bridewell  or  House  of  Correction, 


CITY  CHARTER. 


29 


sltall  be  confined  all  vagrants,  *straglers,  idle  or  disorderly 
persons,  or  violators  of  any  ordinance,  who  may  be  committed 
thereto  by  any  conservator  of  the  peace,  and  shall  remain 
therein  until  the  fine  or  penalty  imposed  upon  them  shall  be 
served  out  at  the  rate  of  one  dollar  per  day :  Provided ,  that 
no  person  shall  be  sentenced  to  said  Bridewell,  or  House  of 
Correction,  for  a  longer  time  than  six  months  for  any  one  of¬ 
fence  ;  and  all  persons  sentenced  by  any  criminal  court  or 
magistrate  in  and  for  the  city,  for  any  assault  and  battery, 
petit  larceny,  or  other  misdemeanor,  punishable  by  imprison¬ 
ment  in  any  county  jail,  shall  be  kept  therein,  subject  to  labor 
or  solitary  confinement.  Provided ,  that  all  persons  so  com¬ 
mitted  shall  be  confined  in  the  common  Jail  of  Adams  Coun¬ 
ty,  or  the  Calaboose  of  the  city,  until  such  times  as  said  city 
shall  erect  and  establish  a  Bridewell  or  House  of  Correction. 

Sec.  65.  To  provide  by  ordinance  that  every  person  against 
whom  any  judgments  may  hereafter  be  recovered  in  favor  of 
said  city,  for  a  penalty  or  fine  for  a  breach  of  any  ordinance, 
instead  of  being  committed  to  the  Bridewell,  or  House  of 
Correction,  Jail  or  Calaboose,  they  may  be  required  to  labor 
on  the  streets  until  the  whole  fine  and  costs  shall  be  paid  at  the 
rate  of  one  dollar  per  day. 

Sec.  66.  To  authorize  the  taking  up  and  provide  for  the 
safe  keeping,  education  for  such  periods  as  may  be  deemed  ex¬ 
pedient,  of  all  children  who  are  destitute  of  parental  or  guar¬ 
dian  care,  wandering  about  the  streets,  committing  mischief, 
and  growing  up  in  mendicancy,  ignorance,  idleness  and  vice. 

Sec,  67.  The  city  council  of  the  city  of  Quincy  shall  have 
power  to  subscribe  to  the  capital  stock  of  the  Quincy  &  Pal¬ 
myra  Bail  Road  Company,  organized  under  the  laws  of  the 
State  of  Missouri,  for  the  purpose  of  building  a  Rail  Road 
from  a  point  on  the  west  bank  of  the  Mississippi  river,  in  the 
State  of  Missouri,  opposite  the  city  of  Quincy,  extending  to 
or  near  the  city  of  Palmyra,  in  the  State  of  Missouri,  in  any 
sum  not  exceeding  one  hundred  thousand  dollars :  J Provided, 


30 


CITY  CHARTER. 


that  before  said  council  shall  be  permitted  to  make  the  afore¬ 
said  subscription,  they  shall  submit  the  matter  of  making  said 
subscription  to  the  people  of  said  city,  to  be  voted  for  or 
against,  giving  notice  by  publishing  in  all  the  daily  newspa¬ 
pers  published  in  said  city,  for  at  least  ten  days  prior  to  said 
election  ;  said  notice  setting  forth  the  time  and  places,  and  the 
names  of  the  judges  appointed  for  said  election,  and  the  spe¬ 
cific  amount  proposed  to  be  subscribed,  and  the  length  of  time 
for  which  the  bonds  shall  run,  which  shall  be  issued  for  pay¬ 
ment  of  the  said  subscription,  and  the  rate  per  cent,  interest 
to  be  paid  on  the  same.  The  manner  of  conducting  said  elec¬ 
tion  and  canvassing  the  votes  thereof,  shall  be  the  same  as  for 
general  elections  under  this  act ;  if  upon  canvassing  the  re¬ 
turns  of  said  election,  it  shall  appear  that  a  majority  of  all 
the  votes  cast  at  said  election  are  in  favor  of  making  said  sub¬ 
scription,  the  city  council  shall  be  fully  authorized  to  make 
said  subscription,  and  may  for  the  payment  of  said  subscrip¬ 
tion,  issue  city  bonds  in  the  usual  form,  and  bearing  no  greater 
interest  than  at  the  rate  of  eight  per  cent,  per  annum,  paya¬ 
ble  semi-annually ;  said  city  council  shall  also  have  power  to 
assess  and  collect  a  special  tax  for  the  payment  of  the  inter¬ 
est  on  said  bonds,  in  the  same  manner  as  is  now  provided  by 
law  for  the  payment  of  interest  on  city  bonds  issued  for  sub¬ 
scription  to  the  Northern  Cross  Rail  Roxd  Company:  Provi¬ 
ded ,  that  no  bond  shall  be  paid  out  at  less  than  its  par  value. 

Sec.  68.  The  city  council  shall  have  power  to  make  all  or¬ 
dinances  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  powers  specified  in  this  act,  so  that  such  ordi¬ 
nances  be  not  repugnant  to,  nor  inconsistent  with,  the  Consti¬ 
tution  of  the  United  States,  or  of  this  State:  Provided ,  they 
shall  not  impose  any  fine  for  violation  of  ordinances  exceeding 
one  hundred  dollars. 

Sec.  69.  The  style  of  the  ordinances  of  the  city,  shall  be 
“Be  it  ordained  by  the  City  Council  of  the  City  of  Quincy.’" 

Sec.  70.  All  ordinances  passed  by  the  city  council,  shall. 


CITY  CHARTER. 


31 


within  one  month  after  they  shall  have  been  passed,  be  pub¬ 
lished  in  some  newspaper  published  in  the  city,  and  shall  not 
be  in  force  until  they  shall  have  been  published  as  aforesaid, 
without  the  same  have  been  published  in  book  form. 

Sec.  71.  All  ordinances  of  the  city  may  be  proven  by  the 
Seal  of  the  Corporation,  and  when  printed  and  published  in 
book  or  pamphlet  form,  and  purporting  to  be  printed  and  pub¬ 
lished  by  authority  of  the  Corporation,  the  same  shall  be  re¬ 
ceived  in  evidence  in  all  courts  and  places,  without  Turther 
proof. 


CHAPTER  Y. 

OF  TIIE  MAYOR  AND  ALDERMEN. 

Section  1.  Powers  of  Acting  Mayor. 

“  2.  Bond  of 

“  3.  Aldermen — conservators  of  the  peace. 

“  4.  May  call  meetings. 

“  5.  Mavor— duties  of. 

“  6.  Power  to  call  military. 

“  7.  “  to  require  exhibit  ot  boom  • 

“  8.  “  to  execute  any  act. 

“  9.  Mayor — jurisdiction  of. 

“  10.  “  Salary  of. 

“  11.  “  cause  for  removal. 

“  12.  “  who  qualified  to  be. 

Section  1.  The  Mayor  shall  preside  at  all  meetings  of  the 
city  council,  and  shall  have  a  casting  vote  and  no  other ;  in 
case  of  a  vacancy  in  the  office  of  Mayor,  or  of  his  being  un¬ 
able  to  perform  the  duties  of  his  office,  by  reason  of  tempora¬ 
ry  or  continual  absence  or  sickness,  the  city  council  shall  ap¬ 
point  by  ballot  one  of  their  number  to  preside  over  their  meet¬ 
ings,  whose  official  designation  shall  be  “acting  Mayor,”  and 
the  Alderman  so  appointed  shall  be  vested  with  all  the  powers 
and  perform  all  the  duties  of  Mayor,  except  in  regard  to  qual¬ 
ifying  as  Justice  of  the  Peace,  until  the  Mayor  shall  resume 
his  office,  or  the  vacancy  be  filled  by  a  new  election. 


32 


CITY  CHARTER. 


Sec.  2.  He  may  give  bond  and  qualify  as  a  Justice  of  the 
Peace,  and  when  qualified  shall  possess  the  same  powers  and 
jurisdiction  as  Police  Magistrates;  and  be  entitled  to  the  like 
fees  and  governed  by  the  same  rules  and  regulations  as  may 
be  provided  by  law,  and  the  ordinances  of  said  city. 

Sec.  3.  The  members  of  the  city  council  shall  be  fire  war¬ 
dens,  and  conservators  of  the  peace,  and  shall  be  exempted 
from  jury  duty,  and  the  payment  of  street  taxes  during  their 
term  of  office. 

Sec.  4.  The  Mayor,  or  any  two  Aldermen,  may  call  special 
meetings  of  the  city  council. 

Sec.  5.  The  Mayor  shall  at  all  times  be  active  and  vigilant 
in  enforcing  the  laws  and  ordinances,  for  the  government  of 
said  city ;  he  shall  inspect  the  conduct  of  all  subordinate  offi¬ 
cers  of  said  city,  and  cause  negligence  and  positive  violations 
of  duty,  to  be  presented  and  punished ;  he  shall  from  time  to 
time  communicate  to  the  Aldermen  such  information,  and  rec¬ 
ommend  such  measures,  as  in  his  opinion,  may  tend  to  the 
improvement  of  the  finances,  the  police,  the  health,  security, 
comfort  and  ornament  of  the  city.  . 

Sec.  6.  He  is  hereby  authorized  to  call  on  every  male  in¬ 
habitant  of  said  city,  over  the  age  of  eighteen  years,  to  aid 
in  enforcing  the  laws  and  ordinances ;  and  in  case  of  a  riot, 
to  call  out  the  military  to  aid  him  in  suppressing  the  same,  or 
carrying  into  effect  any  law  or  ordinance ;  and  any  person  who 
shall  not  obey  such  call,  shall  forfeit  to  the  said  city  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  7.  He  shall  have  powrer,  whenever  he  may  deem  it 
necessary  to  require  of  any  officer  of  said  city,  an  exhibit  of 
his  books  and  papers. 

Sec.  8.  He  shall  have  powder  to  execute  all  acts  that  may 
be  required  of  him  by  any  ordinance  made  in  pursuance  of 
this  act. 

Sec.  9.  He  shall  also  have  such  jurisdiction  as  may  be 
vested  in  him  by  ordinance  of  the  city,  in  and  over  all  places 


CITY  CHARTER. 


33 


within  five  miles  of  the  boundaries  of  the  city,  for  the  pur¬ 
pose  of  enforcing  the  health  and  quarantine  regulations  thereof. 

Sec.  10.  And  he  shall  receive  for  his  services  such  salary 
as  shall  be  fixed  by  ordinance  of  the  city. 

Sec.  11.  In  case  the  Mayor  shall  at  any  time  be  guilty  of 
palpable  omission  of  duty,  or  shall  wilfully  and  corruptly,  be 
guilty  of  oppression,  malconduct,  or  partiality  in  the  discharge 
of  the  duties  of  his  office,  he  shall  be  liable  to  be  indicted  in 
the  Circuit  Court  of  Adams  county,  and  on  conviction,  he  shall 
be  fined  not  more  than  two  hundred  dollars,  and  the  court  shall 
have  power  on  the  recommendation  of  the  jury,  to  add  to  the 
judgment  of  the  court,  that  he  be  removed  from  office. 

Sec.  12.  No  person  shall  be  elected  to  the  office  of  Mayor 
who  holds  any  office,  either  state  or  national,  and  if  elected  to 
such  office  while  Mayor,  his  office  as  Mayor  shall  thereby  be¬ 
come  vacated. 

CHAPTER  VI. 

LEGALIZING  ANI)  REGULATING  THE  ISSUING  OF  CITY  BONDS. 

Section  1.  Bonds  legalized. 

“  2.  Sinking  Fund. 

“  3.  Prohibitions. 

Section  1.  All  bonds  heretofore  issued  by  the  city  council 
of  the  city  of  Quincy,  whether  for  special  loans  or  contracts  in 
public  works, are  hereby  declared  to  be  legal, and  binding  in  law. 

Sec.  2.  There  shall  be  appropriated  from  the  revenue  of 
said  city,  annually,  hereafter,  the  sum  of  not  less  than  ten 
thousand  dollars :  said  sum  to  be  denominated  a  sinking  fund, 
to  be  used  for  the  purpose  of  paying  the  bonded  debt  of  said 
city,  and  for  no  other  purpose  whatever. 

Sec.  3.  In  the  issuing  of  city  bonds  hereafter,  whether 
for  special  loans,  or  for  contracts,  on  public  works,  no  sum  for 
a  greater  amount  than  ten  thousand  dollars  shall  be  issued  by 
said  city  in  any  one  six  months,  without  first  providing  a  sink¬ 
ing  fund  over  and  above  the  amount  set  forth  in  the  last  fore¬ 
going  section,  sufficient  to  meet  the  full  amount  of  the  princi- 

4 


34 


CITY  CHARTER. 


’  pal  when  the  same  shall  become  due,  and  provided  further, 
that  no  bond  shall  be  issued  drawing  inter  est  at  a  greater  rate 
than  six  per  cent,  per  annum,  payable  either  annually  or  semi¬ 
annually. 

CHAPTER  VII. 

PUBLIC  IMPROVEMENTS. 

Section  1.  Petition  required. 

“  ,  2.  City  when  half  owner,  power  of. 

“  3.  Power  to  repair. 

“  4.  “  to  assess. 

“  5.  “  to  levy  tax. 

Section  1.  The  city  council  shall  have  power  upon  the 
petition  of  the  majority  of  the  resident  owners  and  holders  of 
lots  in  any  block  or  blocks  or  other  natural  division  of  ground 
fronting  on  any  street,  alley,  or  avenue,  in  said  city,  to  cause 
from  time  to  time,  any  such  street,  alley  or  avenue,  or  any 
part  thereof,  to  be  paved,  planked  or  McAdamized,  and  to 
keep  the  same  in  repair. 

Sec.  2.  The  city  council  shall  have  power  to  pave,  plank, 
or  McAdamize  any  street,  alley, or  avenue  without  petition,  as 
set  forth  in  section  one;  Provided  said  city  shall  be  the  owner 
of  at  least  one-half  of  the  real  estate  fronting  on  the  same ; 
and  provided  f  urther ,  should  said  city  not  be  owner  of  one- 
half  of  the  real  estate  fronting  on  said  street,  alley  or  avenue, 
then  upon  the  petition  of  a  sufficient  number  of  the  other 
property  holders,  in  connection  with  said  city,  to  represent  a 
majority  of  the  real  estate  fronting  on  the  said  street,  alley  or 
avenue,  the  city  council  shall  have  full  power  to  pave,  plank 
or  McAdamize  the  said  street,  alley  or  avenue. 

Sec.  3.  To  cause  cross  and  side  walks,  main  drains  and 
sewers, private  drains  and  aqueducts,  to  be  constructed  and  laid, 
relaid,  cleansed  and  repaired/  and  regulate  the  same. 

Sec.  4.  The  expenses  of  any  improvement  mentioned  in 
the  foregoing  sections,  may  be  assessed  upon  the  real  estate  in 
any  natural  division  benefitted  thereby,  with  the  cost  of  the 


CITY  CHARTER. 


35 

proceedings  therein,  in  proportion  as  near  as  may  be,  to  the 
benefit  thereto :  Provided  such  assessment  shall  not  exceed 
three  per  cent,  per  annum  on  the  property  assessed. 

Sec.  5.  The  said  city  council  shall  have  power,  by  ordi¬ 
nance,  to  levy  and  collect  a  special  tax  on  the  owners  or  hold¬ 
ers  of  the  lots  on  any  street,  alley  or  avenue,  or  part  of  any 
street,  alley  or  avenue,  according  to  their  respective  fronts 
owned  or  held  by  them,  for  the  purpose  of  carrying  out  the 
power  granted  by  the  preceding  section  of  this  act. 


Section  I. 

Power 

CHAPTER  VIII. 

FIRE  DEPARTMENT, 
to  prohibit. 

U 

2. 

(. 

to  regulate  chimneys. 

u 

3. 

U 

to  prevent. 

ti 

4. 

u 

in  relation  to  examination. 

it 

5. 

a 

to  require  fire  buckets. 

u 

6. 

c. 

to  regulate  manufactories. 

u 

rr 

/. 

u 

to  prevent  fire  works,  &c. 

a 

8. 

it 

to  compel  owners. 

a 

9. 

U 

of  Mayor,  Aldermen,  &c. 

u 

10. 

it 

general. 

it 

11. 

Engines  to  procure — control  of. 

12. 

Power  to  organize  hook  and  ladder  companies,  &c. 

u 

13. 

it 

to  make  appointments. 

■  u 

14. 

it 

to  prescribe  duties. 

It 

15. 

U 

of  chief  engineer,  &c. 

16. 

Who  exempt  from  road  labor. 

a  . 

17. 

Diploma  to  firemen. 

Section  1.  The  city  council,  for  the  purpose  of  guarding 
against  the  calamities  of  fire,  shall  have  power  to  prescribe 
the  limits  within  which  wooden  buildings  shall  not  be  erected, 
or  placed,  or  repaired,  without  the  permission  of  the  city 
council,  and  to  direct  that  all  and  any  buildings  within  the 
limits  prescribed,  shall  be  made  or  constructed  of  fire-proof 
materials;  and  to  prohibit  the  repairing  or  rebuilding  of  wood¬ 
en  buildings  within  the  fire  limits,  where  the  same  shall  have 
been  damaged  to  the  extent  of  fifty  per  cent,  of  the  value 


i 


86 


CITY  CHARTER. 


thereof,  and  to  prescribe  the  manner  of  ascertaining  such 
damages. 

Sec.  2.  The  city  council  shall  also  have  power  to  regulate 
the  construction  of  chimneys,  so  as  to  admit  chimney  sweeps? 
and  to  compel  the  sweeping  and  cleaning  of  chimneys. 

Sec.  3.  To  prevent  the  dangerous  construction  and  condi¬ 
tion  of  chimneys,  fire-places  hearths,  stoves,  stove-pipes, 
ovens,  boilers,  and  apparatus  used  in  and  about  any  buildings 
or  manufactory,  and  cause  the  same  to  be  removed  or  placed 
in  a  safe  and  secure  condition  when  considered  dangerous. 

Sec.  4.  To  prevent  the  deposit  of  ashes  in  unsafe  places, 
and  to  appoint  one  or  more  officers  to  enter  into  all  buildings 
and  enclosures,  to  discover  whether  the  same  are  in  a  danger¬ 
ous  state ;  and  to  cause  such  as  may  be  dangerous  to  be  kept 
in  a  safe  condition. 

Sec,  5.  To  require  the  inhabitants  to  provide  as  many  fire 
buckets,  and  in  such  manner  and  time  as  they  shall  prescribe, 
and  to  regulate  the  use  of  them  in  times  of  fire. 

Sec.  5.  To  regulate  and  prevent  the  carrying  on  of  man¬ 
ufactories,  dangerous  in  causing  or  promoting  fires. 

Sec.  7.  To  regulate  and  prevent  the  use  of  fire-wrorks  and 
fire-arms. 

Sec.  8.  To  compel  the  owners  or  occupants  of  houses  or 
other  buildings  to  have  scuttles  in  the  roofs,  and  stairs  or  lad- 
ders  leading  to  the  same. 

Sec.  9.  To  authorize  the  Mayor,  Aldermen,  fire  wardens, 
or  other  officers  of  said  city,  to  keep  awray  from  the  vicinity  of 
any  fire,  all  idle  and  suspicious  persons,  and  to  compel  all  of¬ 
ficers  of  said  city,  and  other  persons,  to  aid  in  the  extinguish¬ 
ment  of  fires,  and  in  the  preservation  of  property  exposed  to 
danger  thereat.  > 

Sec.  10.  And  generally  to  establish  such  regulations  for 
the  prevention  and  extinguishment  of  fires,  as  the  city  council 
may  deem  expedient. 

Sec.  11.  The  city  council  shall  procure  fire  engines  and 
other  apparatus  used  for  the  extinguishment  of  fires,  and  have 


CITY  CHARTER.  37 

the  charge  and  control  of  the  same,  and  provide  fit  and  secure 
engine  houses  and  other  places  for  keeping  and  preserving  the 
same,  and  shall  have  power 

Sec.  12.  To  organize  fire,  hook,  hose,  bag,  ladder,  and 
axe  companies. 

Sec.  13.  To  appoint  during  their  pleasure,  a  competent 
number  of  able  and  respectable  inhabitants  of  said  city,  fire¬ 
men,  to  take  the  care  and  management  of  the  engines  and 
other  apparatus  and  implements  used  and  provided  for  the  ex¬ 
tinguishment  of  fires.  , 

Sec.  24.  To  prescribe  the  duties  of  firemen,  and  to  make 
rules  and  regulations  for  their  government,  and  impose  rea¬ 
sonable  fines  and  forfeitures  upon  them,  for  a  violation  of  the 
same,  and  for  incapacity,  neglect  of  duty,  or  misconduct,  to 
remove  them. 

Sec.  15.  The  Chief  and  Assistant  Engineers  of  the  fire 
department  with  the  other  firemen,  shall  take  the  care  and 
management  of  the  engines  and  other  apparatus  and  improve¬ 
ment  used  and  provided  for  extinguishment  of  fires,  and  their 
duties  and  powers  shall  be  defined  by  the  city  council. 

Sec.  16.  The  members  of  the  city  council,  and  firemen, 
shall  during  their  term  of  service  as  such,  be  exempt  from 
serving  on  juries  in  all  courts  of  this  State,  and  in  the  militia, 
and  likewise  exempt  from  working  out  any  road  or  street 
tax.  The  name  of  each  fireman  shall  be  registered  with  the 
Clerk  of  the  city,  and  the  evidence  to  entitle  him  to  the  ex¬ 
emption  provided  in  this  section,  shall  be  the  certificate  of  the 
Clerk,  made  within  the  year  in  which  the  exemption  is  claimed. 

Sec.  17.  Every  fireman  who  shall  have  faithfully  served 
as  such  in  said  city  for  the  term  of  ten  years,  shall  be  there- 
•  after  exempt  from  Juries  in  all  courts  in  this  state  or  in  the 
militia,  except  in  case  of  war,  invasion,  or  insurrection,  and 
the  evidence  to  entitle  such  person  to  such  exemption,  shall 
be  a  diploma  under  the  corporate  seal  signed  by  the  Mayor 
and  Clerk.  ^ 


CITY  CHARTER. 


38 


CHAPTER  IX. 


MISCELLANEOUS  PROVISIONS. 


Section  1. 


<< 

2. 

a 

3. 

a 

4. 

u 

5. 

u 

6. 

a 

7. 

a 

8. 

u 

9. 

u 

10. 

u 

11. 

u 

12. 

a 

13. 

u 

14. 

a 

15. 

u 

16. 

a 

17. 

u 

18. 

it 

19. 

it 

20. 

* 

it 

21. 

it 

22. 

u 

23. 

Power  to  levy  road  tax. 

“  to  issue  vouchers. 

To  publish  fiscal  statement. 

Paupers  county  exempt  from. 

County  tax  city  exempt  from. 

To  pay  county. 

Number  of  children  to  furnish  school  commission. 
Exclusive  control  over  public  schools. 

All  fines  to  pay  City  Treasurer. 

No  Plat  to  be  recorded  without  approval. 

No  person  to  subdivide  without  leaving  streets. 
Penalty  for. 

No  person  incompetent  as  Jury. 

Ordinance  to  remain  in  force. 

All  actions,  rights,  &c.,  vested  in. 

Ail  property  vested  in. 

Ordinances  to  be  received.  wrhen. 

May  be  read  in  evidence. 

Not  to  invalidate. 

Conservators  of  peace  to  have  power. 

Exempt  from  Board  and  Jail  fees. 

Saving  clause. 

A  public  act. 


Section  1.  The  city  council  shall  have  power  for  the 
purpose  of  keeping  the  streets,  lanes,  avenues  and  alleys,  in 
repair,  to  levy  in  each  and  every  year  a  tax  not  exceeding 
two  dollars  on  each  free  white  male  inhabitant  in  said  city, 
over  the  age  of  twrenty  one.  years,  and  under  the  age  of  fifty 
years,  excepting  those  who  are  now,  or  may  be  hereafter,  ex¬ 
empted  by  law  from  road  tax,  said  tax  to  be  collected  in  such 
a  manner  as  said  city  council  may  by  ordinance  provide  ;  or 
the  city  council  may  require  every  white  male  resident  of  said 
city  over  the  age  of  twenty-one  years,  and  under  the  age  of 
fifty  years,  (excepting  those  exempted  by  law,)  to  labor  three 
days  in  each  year  upon  the  streets  and  alleys,  but  every  person 
may  at  his  option  pay  at  the  rate  of  fifty  cents  for  every  day 
he  shall  be  bound  to  labor.  Provided  the  same  shall  be  paid 


CITY  CHARTER. 


39 


on  or  before  the  first  of  the  three  days  upon  which  he  may  be 
notified  to  labor  by  the  Street  Commissioner  for  the  division 
in  which  he  resides.  In  default  of  payment  as  aforesaid,  the 
sum  of  three  dollars  may  be  collected,  and  no  offset  shall  be 
allowed  in  any  suit  brought  to  recover  the  same. 

Sec.  2.  The  city  council  shall  have  power  to  issue  war¬ 
rants  or  vouchers  on  the  Treasurer  for  such  amounts  as  may 
have  been  duly  audited  and  allowed  and  in  such  sums  as  may 
be  deemed  proper  and  right.  Provided ,  that  said  warrants 
or  vouchers  shall  not  be  made  so  as  to  draw  interest  on  the 
same. 

Sec.  3.  The  city  council  shall  cause  to  be  published  annu¬ 
ally,  a  full  and  complete  statement  of  all  monies  received  and 
expended  by  the  corporation  during  the  preceding  year  and 
on  what  account  received  and  expended. 

Sec.  4.  The  county  shall  be  exempt  from  the  support  of 
paupers  within  the  limits  of  said  city ;  but  the  city  council 
shall  provide  such  means  and  pass  such  ordinances  as  they 
shall  deem  proper  for  the  support  of  their  own  paupers. 

Sec.  5.  All  property  real  and  personal  in  the  city  of 
Quincy  shall  be  exempt  from  taxation  for  county  purposes. 

Sec.  6.  The  city  of  Quincy  shall,  on  the  first  Monday  of 
September  next,  and  annually  thereafter,  pay  to  the  county  of 
Adams  the  sum  of  eight  hundred  dollars  to  reimburse  said 
county  for  monies  advanced  by  her  on  account  of  said  city’s 
part  of  the  court  expenses  of  said  county  :  all  acts  and  parts 
of  acts  repugnant  to  this  section  are  hereby  repealed. 

Sec.  7.  It  shall  be  the  duty  of  the  city  council  of  the  city 
of  Quincy  to  cause  to  be  furnished  to  the  School  Commissioner 
of  Adams  county  an  abstract  of  the  whole  number  of  children 
under  the  age  of  twenty  years  residing  in  said  city,  at  the 
same  time  and  in  the  same  manner'as  Township  Treasurers  are 
now  or  may  hereafter  be  required  to  do ;  and  the  said  School 
Commissioner  shall  annually  pay  to  the  treasurer  of  the  city 
of  Quincy  the  proportion  of  the  school  college  and  seminary 
fund  to  which  the  said  city  may  be  entitled,  according  to  the 


40 


CITY  CHARTER. 


number  of  children  as  aforesaid,  residing  in  said  city,  taking 
his  receipt  for  the  same.  Provided ,  that  no  abstract  of  the 
number  of  children  as  aforesaid,  residing  in  said  city,  shall  be 
returned  to  said  School  Commissioner  oftener  than  once  in 
two  years  as  required  in  other  school  districts. 

Sec.  8.  The  city  council  shall  ‘have  exclusive  control,  and 
possess  all  the  rights,  powers  and  authority  necessary  for  the 
management  of  public  schools,  and  the  school  funds  of  said 
city,  with  power  to  enact  such  ordinances  as  may  be  necessary 
to  carry  their  powers  and  duties  into  effect. 

Sec.  9.  All  fines,  penalties  and  forfeitures  inflicted  byfor 
recovered  before,  the  Police  Magistrates,  or  any  other  Magis¬ 
trates  of  said  city  of  Quincy,  whether  for  violation  of  the  city 
ordinances^  or  the  laws  of  the  state,  shall  be  paid  into  the 
treasury  of  said  city ;  and  it  shall  be  the  duty  of  said  Magis¬ 
trates,  and  all  other  officers,  to  account  for  and  pay  over  all 
such  fines,  penalties  and  forfeitures  as  may  be  collected  by 
them  to  the  treasurer  of  said  city,  on  the  first  Mondays  of 
March,  June,  September,  and  December  of  each  and  every 
year  hereafter. 

Sec.  10.  No  plat  or  map  of  any  addition  to  the  said  city 
of  Quincy,  or  any  subdivision  of  any  land  within  the  limits  of 
the  same,  which  may  hereafter  be  made  with  the  intent  of  sell¬ 
ing  any  part  of  such  addition  or  subdivision,  shall  be  entitled 
to  record,  or  be  recorded  in  the  office  of  the  Recorder  of 
Adams  county,  until  the  same  shall  have  been  approved  by 
the  city  council  of  said  city ;  and  all  such  additions  and  sub¬ 
divisions  as  shall  hereafter  be  made,  with  the  intent  aforesaid, 
shall  be  null  and  void,  unless  a  correct  plat  or  map  of  the 
same  be  approved  by  said  city  council  within  sixty  days  from 
the  time  the  same  shall  have  been  certified  by  the  surveyor 
making  the  same. 

Sec.  11.  Any  person  or  persons  who  may  subdivide  or  lay 
out  into  lots  or  blocks,  any  quarter  section  or  any  part  of  a 
quarter  section  of  land  now  adjoining  the  said  city  of  Quincy, 
are  hereby  required  to  lay  out  streets  through  the  same  so  as 


C’lTY  CHARTER. 


41 


to  correspond  with  the  streets  within  and  leading  from  said 
city  on  the  side*  upon  which  said  land  may  he  located.  Pro¬ 
vided ,  said  subdivisions  are  laid  out  so  as  to  contain  less  than 
ten  acres  of  ground. 

Sec.  12.  If  any  person  shall  violate  the  provisions  of  the 
foregoing  section  he  shall  be  liable  for  all  damages  to  the  city 
of  Quincy,  in  a  sum  of  not  less  than  one  hundred,  nor  more 
than  one  thousand  dollars,  for  the  failure  of  the  laying  out  of 
each  street  therein  required,  said  forfeiture  to  be  recovered 
by  suit  in  the  circuit  court  of  Adams  county,  Illinois. 

Sec.  13.  No  person  shall  bean  incompetent  Judge, Justice 
witness  or  Juror,  by  reason  of  his  being  an  inhabitant  or  free¬ 
holder  in  the  city  of  Quincy  in  any  action  or  proceeding  in 
which  the  said  city  shall  be  a  party  in  interest. 

Sec.  14.  All  ordinances,  regulations,  and  resolutions  now 

in  force  in  the  city  of  Quincy,  and  not  inconsistent  with  this 

\ 

act,  shall  remain  in  force  under  this  act,  until  altered,  modified 
or  repealed  by  the  city  council,  after  this  act  shall  take  effect. 

Sec.  15.  All  actions,  rights,  fines,  penalties  and  forfeitures 
in  suit  or  otherwise,  which  have  accrued  under  the  several 
acts  consolidated  herein,  shall  be  vested  in,  and  prosecuted 
by  the  corporation  hereby  created. 

Sec.  16.  All  property,  real,  personal,  or  mixed,  belonging 
to  the  city  of  Quincy,  is  hereby  vested  in  the  corporation 
created  by  this  act ;  and  the  officers  of  said  corporation  now 
in  office  shall  respectively  continue  in  the  same  until  super¬ 
seded  in  conformity  to  the  provisions  hereof ;  but  shall  be  gov¬ 
erned  by  this  act  which  shall  take  effect  from  and  after  its 
passage. 

Sec.  IT.  All  ordinances  of  the  city,  when  printed  and 
published  by  authority  of  the  city  council,  shall  be  received 
in  all  courts  and  places  without  further  proof. 

Sec.  18.  This  act  shall  be  deemed  a  public  act ;  and  may 
be  read  in  evidence  without  proof ;  and  judicial  notice  shall 
be  taken  thereof,  in  all  courts  and  places. 

5  ' 


42 


CITY  CHARTER. 


Sec.  19.  This  act  shall  not  invalidate  any  legal  act  done 
by  the  city  council  of  the  city  of  Quincy  or  by  its  officers  ; 
nor  divest  their  successors  under  this  act,  of  any  rights  of 
property  or  otherwise,  or  liability  which  may  have  accrued  to 
or  been  created  by  said  corporation  prior  to  the  passage  of 
this  act. 

Sec.  20.  All  officers  of  the  city  created  conservators  of 
the  peace,  by  this  act,  shall  have  power  to  arrest  or  cause  to 
be  arrested,  with  or  without  process,  all  persons  who-  shall 
break  or  threaten  to  break  the  peace,  commit  for  examination 
and  if  necessary  detain  such  persons  in  custody  over  night  in 
the  watch  house  or  other  safe  place,  and  shall  have  and  exer¬ 
cise  such  powers  as  conservators  of  the  peace  as  the  city  coun¬ 
cil  may  prescribe. 

Sec.  21.  The  city  of  Quincy  shall  not  be  liable  in  any 
case  for  the  board  or  jail  fees  of  any  person,  who  may  be  com¬ 
mitted  by  any  officer  of  the  city,  or  by  any  magistrate  to  the 
jail  of  Adams  county,  for  any  offence  punishable  under  the 
laws  of  this  state. 

Sec.  22.  Nothing  in  this  act  contained,  shall  be  so  con¬ 
strued  as  to  deprive  the  city  council  of  said  city  of  any  power 
or  authority  conferred  upon  the  same  by  the  act  incorporating 
said  city,  and  the  various  acts  amendatory  thereto  ;  but  the 
city  council  shall  possess  and  enjoy  all  the  powers  and  authori¬ 
ty  heretofore  conferred  upon  the  same  except  so  far  as  such 
powers  and  authority  have  been  expressly  modified  or  repeal¬ 
ed  by  this  act  or  the  acts  heretofore  mentioned. 

Se~.  23.  This  act  shall  be  deemed  a  public  act  and  take 
effect  from  and  after  its  passage. 

SAMUEL  HOLMES, 
Speaker  of  the  House  of  Representatives. 
JOHN  WOOD, 

Speaker  of  the  Senate. 

Aqproved  January  30 th9  1857. 


WM.  H.  BISSELL. 


CITY  CHARTER. 


43 


An  act  supplemental  to  an  act  entitled  an  act  to  reduce  the 
law  incorporating  the  city  of  Quincy ,  and  the  several  acts 
amendatory  thereof  into  one  act,  and  to  amend  the  same. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois  represented  in  the  General  Assembly, 

That  the  city  council  of  the  city  of  Quincy,  Illinois,  be  and 
is  hereby  authorized  and  empowered  (any  thing  contained  in 
the  act  to  which  this  is  a  supplement  notwithstanding)  to  issue 
city  bonds  to  any  amount  not  exceeding  at  one  time  in  the 
aggregate,  the  sum  of  seventy  five  thousand  dollars,  and  not 
bearing  a  rate  of  interest  higher  than  eight  per  cent,  per  an¬ 
num  the  interest  to  be  paid  annually  or  semi-annually  at  the 
option  of  the  said  city  council. 

Sec.  2.  This  act  shall  be  deemed  a  public  act  and  take  ef¬ 
fect  and  be  in  force  from  and  after  its  passage, 

SAMUEL  HOLMES, 

Speaker  of  the  House  of  Representatives. 
JOHN  WOOD, 

Speaker  of  the  Senate. 

Approved  February  1 6th,  185T. 

\  WM,  H,  BISSELL, 


RULES  AND  ORDER  OF  BUSINESS 

OF  THE 

CITY  COTJYCII, 

OF  THE 

CITY  OE  QUINCY. 

ADOPTED  BY  THE  CITY  COUNCIL,  APRIL  22,  1857. 


Rule  I.  Regular  meetings  of  the  council  shall  be  held' 
on  the  first  Monday  of  each  month  at  2  o’clock,  P.  M.  Notices 
of  special  meetings  shall  be  served  by  the  marshal  on  each 
alderman  personally,  or  by  leaving  the  same  at  his  usual  place 
of  business  or  abode.  The  marshal  shall  have  charge  of  the 
council  room  and  give  his  attendance  on  the  meetings  of  the 
council. 

Rule  II.  jYt  the  hour  appointed  for  the  meeting,  the 
clerk,  (or  some  one  appointed  to  supply  his  absence),  shall 
proceed  to  call  the  roll  of  members,  marking  the  absentees, 
and  announce  whether  a  quorum  be  present.  Upon  the  ap¬ 
pearance  of  a  quorum,  the  council  shall  be  called  to  order,  the 
mayor  taking  the  chair  if  present,  and  the  council  appointing 
a  temporary  chairman  if  he  should  be  absent.  The  council 
shall  then  proceed  to  the  business  before  them,  which  shall  be 
conducted  in  the  order  following : 


RULES  AND  ORDER  OE  BUSINESS.  45 

1.  The  reading  of  the  minutes  of  the  proceedings  of  the 
last  meeting,  or  meetings,  amendment  and  approval  of  the 
same. 

2.  The  presentation  of  petitions  and  reports  of  officers. 

3.  The  reports  of  standing  committees. 

4.  Reports  of  select  committees. 

5.  Communications  to  the  city  council,  which  may  also  be 
considered  at  any  time. 

6.  Unfinished  business  of  preceding  meetings. 

7.  Motions,  resolutions  and  notices. 

Rule  III.  All  questions  relating  to  the  priority  of  busi¬ 
ness  shall  be  decided  without  debate. 

Rule  IV.  The  mayor  shall  preserve  order  and  decorum, 
and  shall  decide  all  questions  of  order,  subject  to  an  appeal 
to  the  city,  council. 

Rule  V.  While  the  mayor  is  putting  the  question,  no 
member  shall  wralk  across  or  out  of  the  council  room. 

Rule  VI.  When  the  city  council  adjourns,  the  members 
shall  keep  their  seats  until  the  mayor  shall  have  left  the 
chair. 

Rule  VII.  Every  member,  previous  to  his  speaking,  shall 
rise  from  his  seat,  and  address  himself  to  the  mayor,  and  say, 
Mr.  President — but  shall  not  proceed  with,  his  remarks  until 
recognized  and  named  by  the  chair. 

Rule  VIII.  When  two  or  more  members  rise  at  once,  the 
mayor  shall  name  the  member  who  is  first  to  speak. 

Rule  IX.  No  member  shall  speak  more  than  twice  to  the 
same  general  question,  nor  more  than  once  to  a  “previous 
question,”  without  leave  of  the  city  council,  nor  more  than 
once  in  any  case,  until  every  member,  choosing  to  speak,  shall 
have  spoken. 

Rule  X.  While  a  member  is  speaking,  no  member  shall 
entertain  any  private  discourse,  or  pass  between  him  and  the 
chair. 

Rule  XI.  A  member  called  to  order  shall  immediately  sit 


46 


RULES  AND  ORDER  OF  BUSINESS. 


/ 


down,  unless  permitted  to  explain.  If  there  be  no  appeal, 
the  decision  of  the  chair  shall  be  conclusive ;  but  if  the  mem¬ 
ber  appeal  to  the  city  council  from  the  decision  of  the  chair, 
the  city  council  shall  decide  on  the  case  without  debate. 

Rule  XII.  Every  member  who  shall  be  present  when  a 
question  is  stated  from  the  chair,  shall  vote  thereon,  unless 
excused  by  the  city  council,  or  unless  he  be  directly  interested 
in  the  question,  in  which  case  he  shall  not  vote. 

Rule  XIII.  No  motion  shall  be  debated  or  put,  unless  it 
be  seconded.  When  a  motion  is  seconded,  it  shall  be  stated 
by  the  mayor  before  debate;  and  every  such  motion  shall  be 
reduced  to  writing,  if  required  by  a  member. 

Rule  XI Y.  After  a  motion  or  resolution  is  stated  by  the 
mayor,  it  shall  be  deemed  to  be  in  possession  of  the  city 
council,  but  may  be  withdrawn  at  any  time  before  a  decision 
or  amendment. 

Rule  XY.  If  the  question  in  debate  contain  several  dis¬ 
tinct  propositions,  any  member  may  have  the  same  divided. 

Rule  XYI.  When  a  blank  is  to  be  filled,  and  different 
sums  or  times  proposed,  the  question  shall  first  be  put  upon 
the  largest  sum  and  longest  time. 

Rule  XYII.  When  a  question  is  under  debate,  no  motion 
shall  be  received  unless  for  the  “previous  question;”  to  post¬ 
pone  it  indefinitely ;  to  adjourn  it  to  a  certain  day  ;  to  lay  it 
on  the  table ;  to  amend  it;  or  to  adjourn  the  city  council. 

Rule  XYIII.  A  motion  for  the  ,, previous  question,”  to 
lay  the  question  on  the  table,  or  to  commit  it,  until  it  is 
decided,  shall  preclude  all  amendment  and  debate  of  the  main 
question ;  and  a  motion  to  postpone  a  question  indefinitely, 
or  to  adjourn  it  to  a  certain  day  shall,  until  it  is  decided, 
preclude  all  amendment  to  the  main  question. 

Rule  XIX.  The  “previous  question”  shall  be  as  follows  : 
— “Shall  the  main  question  now  be  put?” 

Rule  XX.  A  motion  to  adjourn  the  city  council  shall  al¬ 
ways  be  in  order,  except ,  1st,  when  a  member  is  in  possession 


RULES  AND  ORDER  OF  BUSINESS.  47 

of  the  floor ;  2d,  while  the  yeas  and  nays  are  being  called  ; 

3d,  when  the  members  are  voting ;  4th,  when  adjournment 
was  the  last  preceding  motion  ;  or,  5th,  when  it  has  been  de¬ 
cided  that  the  previous  question  shall  be  taken. 

Rule  XXI.  In  all  cases  when  a  resolution  or  motion  shall 
be  entered  on  the  minutes  of  the  city  council,  the  name  of  the 
member  moving  the  same  shall  be  also  entered  on  the  minutes. 

Rule  XXII.  If  any  member  require  it,  the  ayes  and  noes 
upon  any  question  shall  be  taken  and  entered  on  the  minutes  ; 

but  the  ayes  and  noes  shall  not  be  taken  unless  called  for 

%/ 

previously  to  any  vote  upon  the  question. 

Rule  XXIII.  All  committees  shall  be  appointed  by  the 
•mayor,  unless  otherwise  specially  directed  by  the  city  council, 
in  which  case  they  shall  be  appointed  by  ballot. 

Rule  XXIY.  Standing  and  select  committees  to  whom 
references  are  made,  shall,  in  all  cases,  report  in  writing  the 
state  of  facts,  with  their  opinions  thereon. 

Rule  XXY.  All  reports  of  committees  shall  be  addressed 
to  the  mayor  and  aldermen  of  the  city  of  Quincy,  in  council 
assembled. 

Rule  XXYI.  When  a  member  wishes  to  present  a  com¬ 
munication,  petition,  or  report,  he  shall  rise  in  his  place  and 
address  the  chairman  in  the  usual  form,  and  having  briefly 
stated  the  subject  of  such  communication  or  report,  ask  leave 
to  present  the  same. 

Rule  XXYII.  The  city  clerk  shall  forward  all  the  papers 
to  the  chairman  of  the  appropriate  committees  within  forty 
eight  hours  after  the  reference  shall  have  been  made";  and  it 
shall  be  the  duty  of  the  marshal  to  deliver  them. 

Rule  XXYIII.  These  rules  may  be  temporarily  suspended 
by  unanimous  consent  of  all  the  members  present  ;  but  shall 
not  be  repealed,  altered  or  amended,  unless  by  concurrence  of 
two  thirds  of  all  the  aldermen  elected. 

Rule  XXIX.  The  standing  committees  shall  consist  of 
three  members  each  and  shall  be  appointed  by  the  mayor,  an- 


48 


STANDING  COMMITTEES. 


nually,  on  entering  upon  the  duties  of  his  office  ;  and  the  person 
first  named  on  the  committee  shall  be  the  chairman  thereof 
except  the  finance  committee  which  shall  be  elected  by  ballot 
by  the  council.  The  following  shall  be  standing  committees  to 
wit : 

i 

Standing  Committees. 

1.  Finance.  4.  Wharf  and  Ferry . 

2.  Auditing  Committee.  5.  Markets. 

3.  Fire  and  Water.  6.  Gras  Lights. 

7.  Ordinances. 


RELATING  TO  TIIE  CITY. 


40 


An  Act  to  amend  an  Act  entitled  “An  Act  to  amend  the  revenue, 
laws  and  provide  for  the  collection  of  the  State  taxes  in  the 
city  of  Quincy A  Approved  June  23,  1852. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois , 
represented  in  the  General  Assembly ,  That  the  city  of  Quincy 
shall,  on  the  first  Monda}r  of  September  next,  and  annually 
thereafter,  pay  to  the  county  of  Adams,  the  sum  of  eight 
hundred  dollars,  to  reimburse  said  county  for  moneys  advanced 
by  her  on  account  of  said  city’s  part  of  the  court  expenses 
of  said  county,  anything  in  the  tenth  section  of  an  act 
entitled  “An  Act  to  amend  the  Kevenue  laws  and  provide 
for  the  collection  of  State  taxes  in  the  city  of  Quincy,”  ap 
proved  June  23,  1852,  to  the  contrary  notwithstanding. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  14,  1855. 


4 


ORDINANCES. 


NO.  I. 

An  Ordinance  relating  to  the  meetings  of  the  City  Council* 

Sec.  1.  Stated  meetings,  when  held — special  meetings,  how  called — 
notice  of  special  meetings,  how  and  by  whom  served. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  stated  meetings  of  the  city  council  shall  be 
held  on  the  first  Monday  of  every  month,  at  such  place  within 
the  limits  of  said  city,  as  the  city  council  may  from  time  to 
time  direct;  and  that  special  meetings  thereof  shall  be  called 
by  the  Mayor  or  any  two  Aldermen,  by  leaving  written  notices 
of  the  time  and  place  of  holding  the  same,  at  the  residence  of 
the  respective  members,  unless  the  same  be  personally  served 
on  such  members;  the  service  of  such  notices  shall  be,  and  is 
hereby  made  the  duty  of  the  Clerk  of  said  council. 


NO.  II. 

An  Ordinance  defining  Election  Wards. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  First  Ward  of  said  city  for  election  purposes 
shall  embrace  all  that  part  of  said  city  north  of  the  centre 
line  of  Hampshire  street,  extended  cast  to  the  east  line  of  the 
city  limits. 

Sec.  2.  The  Second  Ward  shall  embrace  all  that  portion 
of  said  city  bounded  as  follows,  to-wit :  Beginning  at  a  point 


ORDINANCES. 


51 


on  the  east  line  of  the  city  limits  where  Hampshire  street  if 
extended,  would  intersect  the  same,  running  thence  west  on 
the  centre  line  of  said  Hampshire  street  to  the  Mississippi 
river,  thence  with  said  river  to  the  middle  of  Maine  street, 
thence  east  to  the  middle  of  Fifth  street,  thence  south  to  the 
middle  of  York  street,  thence  east  to  the  east  line  of  the  city 
limits,  thence  north  to  the  place  of  beginning. 

Sec.  3.  The  Third  Ward  shall  embrace  all  that  portion  of 
said  city  lying  between  the  Second  Ward  and  the  south  boun¬ 
dary  line  of  said  city. 


NO.  III. 

An  Ordinance  regulating  the  election  of  Mayor ,  Aldermen  and 

Marshal. 


Sec.  1.  Three  judges  of  election  to  be  appointed  in  each  Ward — their 
qualifications.  Clerk  to  give  notice  of  time  and  place  of  hold¬ 
ing  elections — bow  given. 

2.  Judge  failing  to  attend,  place  how  filled — no  judge  present, 
substitutes  how  appointed  and  qualified 

3.  Vacancy  in  office  of  Mayor,  how  filled.  Judges  of  Election  to 
be  appointed— vacancy  in  office  of  Alderman,  how  filled  ap¬ 
pointment  of  Judges  of  Election— notice  of  special  election, 
how  given. 

4.  Judges  of  election  to  be  notified  of  their  appointment — may 
appoint  Clerks.  Judges  and  Clerks,  how  qualified — mode  of 
conducting  elections  and  of  making  returns. 

5.  Tie  in  an  election  for  Mayor,  how  determined. 

6.  Tie  in  an  election  for  Alderman,  how  determined. 

7.  Election  of  Mayor,  how  contested. 

8.  Election  of  Alderman,  how  contested. 

9.  Chairman  of  committee  and  President  of  Council  authorized 
to  issue  subpoena. 

10.  Vacancy  in  office  of  Marshal — tie  in  contest — penalties  for 
misconduct  of  Judges  and  Clerks.  Certificates  of  election. 

Section  1.  Be  it  ordained  by  the  Oily  Council  of  the  city  of 
Quincy ,  That  there  shall  be  appointed  by  the  city  council,  at 
least  one  month  previous  to  the  annual  election  of  Mayor, 

\ 

UNIVERSITY  OF 
ILLINOIS  LIBRARY 

U  OF  ILL  LIB.  AT  urbana-champaign 


52 


ORDINANCES 


Marshal  and  Alderman  of  said  city,  three  judges  of  election 
for  each  ward  of  said  citv,  who  shall  be  legal  voters  in  such 
ward,  to  preside  at  such  election  in  their  respective  wards; 
and  the  Clerk  of  said  city  council  shall  give  three  weeks’  no¬ 
tice  of  the  time  and  place  of  holding  such  election,  and  of 
the  hours  of  opening  and  closing  the  polls,  by  publishing  the 
same  in  one  or  more  of  the  newspapers  published  in  said  city. 

Sec.  2.  Be  it  further  ordained ,  That  if  any  judge  of  election 
appointed  under  the  preceding  section  shall  fail  to  attend,  the 
judge  or  judges  attending  may  supply  his  place  from  the  elec¬ 
tors  present;  and  if  no  judge  shall  attend,  then  the  electors 
present  may  appoint  judges  of  election;  and  the  judges  ap¬ 
pointed  under  this  section  shall  be  qualified,  and  shall  conduct 
the  election  in  all  respects  as  if  they  had  been  originally  ap¬ 
pointed  by  -the  city  council :  Provided ,  that  no  elector  shall 
act  as  judge,  or  vote  in  the  appointment  of  a  judge,  except  in 
the  ward  where  he  is  entitled  to  vote. 

Sec.  8  Be  it  further  ordained,  That  in  case  the  office  of 
Mayor  shall  become  vacant  by  reason  of  his  removal  from  the 
city,  his  death,  resignation,  or  by  any  other  means  whatever, 
it  shall  be  the  duty  of  the  city  council  forthwith  to  order  an 
election  of  Mayor,  and  to  appoint  three  judges  of  election  in 
each  ward  of  the  said  city,  in  like  manner  as  is  heretofore  pro¬ 
vided,  who  shall  be  subject  to  the  provisions  of  the  preceding 
sections.  If  the  office  of  one  or  more  Aldermen  shall  by  any 
means  become  vacant,  it  shall  be  the  duty  of  the  city  council 
to  order  an  election  or  elections  forthwith,  in  such  ward  or 
wards  as  may  be  unrepresented,  either  in  whole  or  in  part,  and 
to  appoint  three  judges  of  election  for  every  such  ward,  in  the 
same  manner,  and  subject  to  the  same  provisions  as  directed  in 
the  preceding  sections.  Notice  of  the  special  elections  under 
this  section,  shall  be  given  in  like  manner  as  the  notice  pre¬ 
scribed  in  the  first  section  of  this  ordinance;  Provided,  that 
said  notice  may  be  for  such  length  of  time  as  may  be  ordered 
bv  the  council. 

J 

Sec.  4.  Be  it  further  ordained ,  That  the  judges  of  election 
shall,  in  all  cases,  be  notified  in  writing  of  their  appointment 
by  the  city  clerk,  and  shall  be  authorized  to  appoint  two  clerks 


ORDINANCES. 


of  election  in  their  respective  wards..  The  judges  and  clerks 
shall  be  qualified,  and  all  elections  under  the  city  charter  or 
any  ordinance  of  the  city  council  shall  be  by  ballot;  and  in  this 
respect  as  well  as  in  the  canvassing  of  votes,  shall  be  conduct¬ 
ed  in  conformity  with  an  act  of  the  general  assembly  of  this 
State,  entitled  “An  Act  to  provide  for  the  mode  of  voting  by 
ballot,  and  for  the  manner  of  returning,  canvassing  and  cer¬ 
tifying  votes,'"7  approved  February  12,  1849.  And  returns  of 
all  such  elections  shall  be  made  to  the  city  council,  and  can- 
vassed  and  certified,  so  far  as  applicable,  in  conformity  with 
said  act  and  the  laws  of  this  State. 

Sec.  5.  Be  it  further  ordained ,  That  whenever  it  shall  ap¬ 
pear  from  the  returns  of  an  election  for  Mayor,  that  any  two 
or  more  candidates,  have  an  equal  number  of  votes  for  said 
office,  and  that  the  same  is  the  highest  number  of  votes  polled 
for  any  candidate,  the  election  shall  be  determined  by  lot  as 
follows,  to  wit :  At  the  next  meeting  of  the  city  council  there¬ 
after,  the  Clerk  shall  prepare  a  number  of  ballots  for  each  of 
the  candidates  having  said  equal  number  of  votes,  equal  to  the 
number  of  the  members  of  said  council  then  present,  and  shall 
write  the  names  of  such  candidates  on  the  ballots  prepared 
for  them  respectively;  he  shall  then  deposit  the  said  ballots  in 
a  box  in  such  manner,  that  no  person  drawing  a  ballot,  shall 
perceive  the  name  written  thereon;  each  member  of  the  coun¬ 
cil  then  present,  shall  draw  one  ballot  from  the  said  box,  and 
the  candidate  whose  name  shall  appear  on  a  plurality  of  the 
ballots  thus  drawn,  shall  be  declared  Mayor  of  the  said  city. 
If  two  or  more  names  shall  appear  on  an  equal  number  of  bal¬ 
lots  thus  drawn,  and  said  number  be  the  highest,  then  a  new 
ballot  shall  be  made  between  them  in  like  manner,  dropping 
the  other  candidates;  and  so  on  until  an  election  by  lot  is  ef¬ 
fected  in  the  manner  already  provided  for. 

Sec.  6.  Be  it  further  ordained ,  That  whenever  it  shall  ap¬ 
pear  from  the  returns  of  an  election  in  any  ward  of  said  city, 
that  two  or  more  candidates  have  an  equal  number  of  votes 
for  the  office  of  Alderman  therein,  and  that  the  same  is  the 
highest  number  of  votes  polled  for  any  candidate,  the  election 
shall  be  determined  by  ballot  in  the  same  manner  as  provided- 


54 


ORDINANCES. 


in  the  last  section,  with  the  following  exceptions,  to  wit : 
seven  ballots  shall  be  prepared  and  deposited  for  each  of  said 
candidates  respectively;  the  Mayor  shall  draw  seven  ballots 
out  of  the  whole  number  deposited,  and  the  candidate,  whose 
name  shall  appear  on  a  plurality  of  the  ballots  so  drawn,  shall 
be  declared  Alderman  of  the  ward  in  which  the  election  was 
held.  In  case  of  a  tie  upon  the  first  ballot,  other  ballotings 
shall  take  place  in  like  manner,  as  provided  in  the  last  section 
until  an  election  be  effected.  In  case  the  election  shall  have 
been  held  in  such  ward  for  more  than  one  Alderman,  and  no 
one  candidate  receive  a  plurality  of  the  votes  of  the  electors, 
the  Mayor  shall  make  a  separate  election  by  lot  as  herein  be¬ 
fore  directed  for  each  Alderman,  to  which  said  ward  shall  be 
entitled. 

Sec.  7.  Beit  further  ordained ,  That  whenever  any  person 
who  lias  been  a  candidate  for  the  office  of  Mayor,  shall  intend 
to  contest  the  election  of  the  candidate  in  whose  favor  the  re¬ 
turn  has  been  made,  it  shall  be  his  duty  within  ten  days  from 
the  day  of  such  election,  to  give  notice  in  writing  of  such  in¬ 
tention  to  the  person  whose  election  is  to  be  contested  either 
by  personal  service  of  such  notice,  or  by  leaving  the  same  at 
his  usual  place  of  residence;  and  it  shall  also  be  the  duty  of 
such  contesting  party  within  the  time  aforesaid,  to  file  a  peti¬ 
tion  with  the  clerk  of  the  council,  addressed  to  said  council  and 
setting  forth  his  intention  to  contest  the  said  election,  together 
with  the  points  upon  which  it  is  contested;  and  thereupon  the 
city  council  shall  appoint  at  their  next  meeting  a  committee 
to  consist  of  one  from  each  ward  to  examine  into  the  case  and 
to  report  thereon  to  the  said  council.  Said  committee  shall 
proceed  to  discharge  the  duty  assigned  them  by  hearing  testi¬ 
mony  and  otherwise,  having  first  given  five  days7  notice  to 
both  parties,  to  the  time  and  place  of  making  such  inquiry,  and 
shall  report  the  result  of  their  inquiry  to  the  city  council, 
with  a  brief  view  of  the  testimony  in  the  case  and  of  the  rea¬ 
sons  of  their  decision;  and  thereupon  the  contest  shall  be 
finally  determined  by  a  vote  of  the  said  city  council :  Pro¬ 
vided ,  however,  that  the  council  before  such  final  determination, 
may,  if  they  think  fit,  proceed  to  re-examine  the  testimony  in 


ORDINANCES. 


55 


the  case,  upon  giving  a  like  notice  to  the  parties  as  herein  be* 
fore  provided. 

Sec.  8.  Be  it  further  ordained ,  That  whenever  any  person, 
who  lias  been  a  candidate  for  the  office  of  Alderman,  shall  in¬ 
tend  to  contest  the  election  of  the  candidate  in  whose  favor 
the  return  lias  been  made,  he  shall  give  a  similar  notice,  and 
file  a  similar  petition  to  those  required  under  the  preceding 
section;  and  all  the  subsequent  proceedings  therein  shall  con¬ 
form  as  nearly  as  possible,  to  those  prescribed  in  the  said 
section. 

Sec.  9.  Beit  further  ordained ,  That  the  chairman  of  any 
committee  appointed  under  the  two  last  preceding  sections, 
and  also  the  Chairman  or  President  of  the  city  council  shall 
be  authorized,  in  the  cases  therein  mentioned,  to  issue  sub¬ 
poenas  for  witnesses  under  their  hands;  and  if  any  witness, upon 
whom  said  subpoena  may  have  been  served,  shall  refuse  obe¬ 
dience  thereto,  he  shall  forfeit  the  sum  of  twenty-five  dollars,* 
to  be  recovered  by  action  of  debt  in  the  name  of  the  said  city 
of  Quincy. 

Sec.  10.  Be  it  further  ordained ,  That  in  all  cases  of  con¬ 
test  of  election  of  City  Marshal,  or  of  a  tie  in  any  such  elec¬ 
tion,  or  of  vacancy  in  the  office  of  Marshal,  the  same  proceed¬ 
ings  shall  be  had  in  all  things,  as  near  as  may  be,  as  is  pro¬ 
vided  for  in  this  ordinance  in  cases  of  Aldermen.  Any  judge 
or  clerk  of  any  such  election  duly  appointed  and  qualified  who 
shall  conduct  himself  at  any  such  election  in  a  riotous  or  dis¬ 
orderly  manner,  shall,  for  every  such  offence,  forfeit  and  pay 
to  the  city  a  fine  of  not  less  than  five,  nor  more  than  twenty- 
five  dollars,  in  the  discretion  of  the  court,  to  be  recovered  as 
other  penalties.  The  city  clerk  shall  issue  to  the  Mayor  and 
Marshal  elected  under  this  ordinance  certificates  of  election. 


56 


ORDINANCES. 


NO.  IY. 

An  Ordinance  regulating  the  appointment  of  City  Officers  by 
the  City  Council ,  prescribing  their  duties ,  and  providing  fvr 
their  removal. 

Sec.  1.  City  officers;  what  to  be  appointed  by  the  city  council,  and 
when.  Their  term  of  office.  Duties  of  Assessors. 

2.  Duties  of  City  Clerk. 


3. 

a 

Treasurer. 

4. 

ce 

Marshal. 

5. 

ce 

Overseer  of  the  Poor. 

6. 

ce 

Engineer  and  Surveyor. 

7. 

ce 

Clerk  of  Market. 

8. 

cc 

Harbor  Master. 

9. 

cc 

Fire  Warden. 

10. 

cc 

Sexton. 

11. 

ce 

Wood  Measurer. 

12. 

cc 

Measurer  of  Lumber,  &c. 

13. 

What 

officers  to  give  bond.  All  city  officers  to  subscribe 

oath, 

or  affirmation. 

14. 

City  officers  how  removed. 

15. 

fC 

On  vacating  office  to  deliver  over  books,  &o. 

16. 

ee 

Services  of.  How  compensated. 

17. 

ce 

To  render  an  account  of  money  received. 

18. 

ee 

Vacancies  of.  How  filled. 

19.  Majority  of  Council  present  sufficient  to  elect. 

20.  Duties  of  City  Physician. 

21.  Mayor  may  employ  counsel. 

22.  Superintendent  of  Schools. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  at  the  first  meeting  of  the  city  council  in  each 
year,  after  the  organization  thereof,  or  as  soon  thereafter  as 
practicable,  the  city  council  shall  appoint  by  ballot,  viva  voce , 
or  by  resolution  as  a  majority  of  them  shall  determine,  the  fol¬ 
lowing  city  officers  :  a  City  Clerk,  a  City  Treasurer,  a  City 
Overseer  of  the  Poor,  a  City  Engineer,  a  Street  Commissioner, 
a  Clerk  of  the  City  Market,  a  City  Harbor  Master,  a  City  Fire 
Warden,  a  City  Sexton,  a  City  Measurer  of  lumber,  wood, 
buildings,  materials,  and  other  mechanical  work,  a  City  Phy¬ 
sician,  a  Superintendent  of  City  Schools,  who  shall  hold  their 


ORDINANCES. 


57 

offices  for  one  year,  and  until  their  successors  shall  be  appoint¬ 
ed  and  qualified,  unless  sooner  removed  by  the  city  council. 
The  city  council  shall  also  on  the  first  Monday  of  February  in 
each  year,  or  so  soon  thereafter  as  practicable,  appoint  a  city 
assessor  for  each  assessment  division  in  manner  aforesaid,  who 
shall  hold  his  office  for  one  year  and  until  his  successor  shall 
be  appointed  and  qualified,  unless  sooner  removed,  as  afore¬ 
said,  and  who  shall  perform  such  duties  as  may  be  required  of 
him  by  the  revenue  and  other  ordinances  of  the  city,  or  the 
laws  of  this  State.  The  city  council  may  also,  from  time  to 
time  appoint  such  other  city  officers  as  they  may  deem  neces¬ 
sary,  and  for  such  term  not  exceeding  one  year,  as  they  may 
see  fit,  and  which  appointments  shall  be  in  manner  aforesaid. 

Sec.  2.  Be  it  further  ordained.  That  it  shall  be  the  duty  of 
the  city  clerk  to  attend  the  special  and  stated  meetings  of  the 
city  council;  keep  a  correct  journal  of  all  its  proceedings;  re¬ 
cord  the  same  in  a  book  to  be  kept  for  that  purpose;  record 
in  a  separate  book  all  ordinances  which  may  be  passed  from 
time  to  time  by  the  city  council,  and  cause  the  same  to  be  pub¬ 
lished  within  one  month  after  they  shall  have  been  passed,  in 
such  newspaper  of  the  city  as  the  city  council  may  designate; 
keep  and  preserve  safely  all  papers  pertaining  to  his  office; 
prepare  and  deliver  all  licenses,  bonds  and  certificates  of  sale 
and  redemption,  on  the  receipt  of  the  proper  sums  of  money 
therefor;  countersign  all  vouchers  and  deliver  the  same,  when 
called  for,  taking  a  receiptfor  the  same;  notify  all  officers  ap¬ 
pointed  by  the  city  council,  of  their  election;  and  generally 
to  do  and  perform  such  other  duties  as  may  at  any  time  be  en¬ 
joined  on  him  by  ordinance  or  resolution  of  the  city  council. 
It  shall  be  the  especial  duty  of  the  city  clerk  at  the  close  of 
each  fiscal  year,  to  make  out  and  publish  in  the  newspaper  se¬ 
lected  to  publish  the  city  proceedings,  a  full  and  complete 
statement  of  the  receipts  and  expenditures  of  said  city  during 
such  year,  and  showing  on  what  account  received  and  expend¬ 
ed.  And  such  fiscal  year  shall  commence  on  the  first  day  of 
April  in  each  year,  and  shall  end  on  the  first  day  of  the  next 
succeeding  April,  including  the  first  and  excluding  the  last  of 
said  days.. 


58 


ORDINANCES. 


Sec.  3.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  City  Treasurer  to  keep  a  true  and  accurate  account  of  all 
money  paid  into  the  Treasury,  by  whom  and  on  what  account 
received;  keep  a  distinct  account  of  the  costs,  expenses  and  re¬ 
ceipts  connected  with  the  “ Quincy  Cemetery  ”  and  in  making 
reports  to  the  city  council,  to  make  a  separate  and  specific  re¬ 
port  of  the  same;  pay  out  all  such  sums  of  money  as  may  be 
ordered  by  the  city  council,  vouchers  therefor  being  signed  by 
the  Mayor  or  President  of  the  city  council  and  countersigned 
by  the  city  clerk;  and  finally,  to  make  an  annual  report  of 
the  state  of  the  treasury  and  of  his  doings  to  the  city  council, 
or  of  tenor,  if  required  by  said  city  council.  And  the  treasurer 
shall  perform  such  other  duties  as  may  be  prescribed  by 
ordinance  or  resolution  of  the  city  council. 

Sec.  4.  Be  it  further  ordained  That  it  shall  be  the  duty  of 
the  City  Marshal  to  execute  all  writs  or  other  process,  issued 
by  the  Police  Magistrate’s  court  when  delivered  to  him;  col¬ 
lect  all  fines,  forfeitures  and  penalties,  which  may  accrue  to 
the  said  city,  not  otherwise  provided  for  by  ordinance,  and  in 
the  performance  of  any  duty  enjoined  on  him  by  any  ordi¬ 
nance  or  resolution  of  the  city  council,  he  shall  be  invested 
with  such  powers  as  are  conferred  upon  constables  by  the  laws 
of  this  State;  remove  all  nuisances  in  conformity  with  any  or¬ 
dinance  or  resolution  of  the  city  council;  give  to  the  Mayor 
all  information  that  may  be  communicated  to  him,  or  come  to 
his  knowledge,  of  any  and  every  breach  of  the  ordinances  of 
the  city;  and  generally  to  do  and  perform  all  duties  which 
may  be  enjoined  on  him  by  ordinance  or  resolution  of  the  city 
council. 

Sec.  5.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  Overseer  of  the  Poor,  on  application  of  any  inhabitant  of 
said  city,  to  furnish  all  such  food,  clothing,  fuel,  medical  and 
other  aid  in  sickness,  for  poor  persons  residing  within  said 
city,  as  he  may  deem  necessary,  and  to  present  all  bills  for  ex¬ 
penses  thereby  accruing,  to  the  city  council  for  approval;  and 
generally,  to  perform  such  other  duties  as  may  be  enjoined  on 
him  by  any  ordinance  or  resolution  of  the  city  council.  It 
shall  also  be  the  duty  of  the  Overseer  of  the  Poor  to  take 


ORDINANCES. 


59 


charge  of  the  city  poor  house  and  premises  thereto  belonging 
and  of  the  poor  therein. 

Sec.  6.  Be  it  farther  ordained ,  That  the  City  Engineer  shall 
do  and  perform,  within  said  city,  all  engineering  and  survey¬ 
ing  and  such  other  duties  pertaining  to  his  office  as  may  from 
time  to  time  be  prescribed  to  him  by  ordinance,  order  or  reso¬ 
lution  of  the  city  council,  or  cause  the  same  to  be  done  by 
some  competent  person.  He  shall,  when  requested  so  to  do, 
survey  any  private  lot  in  said  city  into  so  many  parts  or  divi¬ 
sions  as  may  be  desired,  and  put  down  the  necessary  stakes; 
designate,  when  requested  by  any  person  about  to  build  a 
house,  or  fence,  or  grade,  or  make  a  sidewalk,  the  line  of  a 
street,  lane,  avenue  or  alley  on  which  such  house  or  fence  is  to 
be  erected,  or  sidewalk  made,  and  also  the  grade  of  such 
street,  lane,  avenue  or  alley;  and  make  out  and  deliver  to  in¬ 
dividuals,  certificates  of  all  surveys  made  at  their  request. 

Sec.  7.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  Clerk  of  the  Market  to  superintend  the  whole  of  the  mar¬ 
ket  lot,  and  take  charge  of  the  market  house,  and  all  other 
buildings  and  fixtures  that  may  be  erected  on  said  market  lot, 
so  as  to  prevent  and  punish,  or  cause  to  be  punished,  all  in¬ 
juries  and  damages  which  may  be  done  to  the  same;  keep  the 
market  in  a  clean  and  wholesome  state;  prefer  complaints  be¬ 
fore  the  Police  Magistrate’s  court  for  all  breaches  of  any  ordi¬ 
nance  or  parts  of  ordinances,  relating  to  the  market,  whenever 
suit  is  necessary  to  enforce  the  payment  of  any  fine,  forfeiture  or 
penalty  accruing  therefrom;  rent  out,  and  lease  from  time  to  time, 
all  stalls,  benches,  blocks,  or  other  privileges  and  appurtenances 
thereunto  belonging,  which  the  committee  on  markets  may  di¬ 
rect  to  be  rented  and  leased,  on  the  best  possible  terms  on  the 
behalf  and  in  the  name  of  the  said  city,  for  any  term  not  exceed¬ 
ing  one  year  at  a  time;  demand,  sue  for,  recover  and  receive  the 
rents  accruing,  or  distrain  and  sell  forthwith  any  property  of 
the  lessee  found  within  the  limits  of  said  city  for  the  same;  re¬ 
ceive  all  fines,  forfeitures  and  penalties,  or  other  sums  of  mon¬ 
ey  accruing  under  any  provision  of  any  ordinance  regulating 
the  market,  keeping  a  true  and  accurate  account  thereof  in  a 
book  kept  for  that  purpose,  and  pay  overall  such  money  to  the 


60 


ORDINANCES'. 


city  clerk,  taking  his  receipt  therefor,  and  accounting  with 
the  city  council  at  each  stated  meeting  :  maintain  peace  and 
good  order  on  and  about  the  market  lot  at  all  times,  and  par¬ 
ticularly  during  market  hours.  And  the  said  clerk  is  hereby 
authorized,  whenever  it  shall  be  necessary  to  maintain  peace 
and  good  order,  to  arrest  without  precept  or  warrant  all  per¬ 
sons  who  may  be  found  in  and  about  said  market  lot,  drunk, 
fighting,  quarrelling,  reveling,  threatening,  swearing,  black¬ 
guarding,  pilfering,  stealing,  robbing,  cheating,  swindling,  or 
otherwise  disturbing  the  good  people  at  or  about  said  market, 
or  committing  other  offences  against  the  ordinances  of  said 
city,  or  the  laws  of  this  State,  and  confine  such  offenders  in 
the  jail  of  the  county  or  city,  or  hold  them  to  special  bail  un¬ 
til  such  time  as  his  other  duties  will  allow  him  leisure  to  carry 
such  offenders  before  the  Police  Magistrate’s  court  of  said 
city,  or  until  lie  shall  have  opportunity  of  turning  such  offen¬ 
ders  over  to  the  custody  of  the  City  Marshal  or  Police  Con¬ 
stable,  to  be  dealt  with  according  to  the  ordinances  of  said 
city  and  the  laws  of  the  land;  and  whenever  it  may  be  neces¬ 
sary  to  require  assistance  in  making  any  such  arrest,  he  may 
call  on  the  bystanders  so  to  assist,  and  every  such  bystander 
shall  render  such  aid,  or  he  shall  be  subject  to  the  same  penal¬ 
ties  and  proceedings  as  the  offenders;-  Provided ,  however,  that 
any  person  so  arrested  may  be  discharged  from  such  arrest  on 
payment  to  said  Clerk,  Marshal  or  Constable  all  penalties  that 
may  be  annexed  to  any  of  said  offences. 

Sec.  8.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  Harbor  Master  to  superintend  the  public  landing,  and  to 
cause  all  the  provisions  of  any  ordinance  relative  thereto  to 
be  carried  into  execution,  and  generally,  to  do  and  perform  all 
duties  therein  enjoined  on  him,  or  that  may  hereafter  be  im¬ 
posed  by  any  ordinance  or  resolution  of  the  city  council. 

Section  9.  Be  it  further  ordained ,  That  the  Fire  Warden 
shall  do  and  perform  all  the  duties  that  may  be  required  of 
him  by  any  ordinance  relating  to  the  prevention  and  extin¬ 
guishment  of  fires  within  the  limits  of  said  city. 

Sec.  10.  Be  it  further  ordained ,  That  it  shall  be  the  duty 
of  the  Sexton  to  attend  to  the  digging  of  all  graves  in  the 


ORDINANCES. 


61 


"’Quincy  Cemetery,”  the  conveyance  thereto  of  those  to  be  in¬ 
terred  therein,  and  the  closing  of  the  graves;  keep  a  journal 
or  a  book,  in  which  he  shall  record  all  interments,  the  time 
when  made,  the  age  and  residence  of  the  individual  interred, 
and  file  a  transcript  therefrom  in  the  office  of  the  City  Clerk 
on  the  first  day  of  January,  April,  July  and  October,  which 
transcript  the  city  clerk  shall  record  in  a  book  kept  for  that 
purpose;  and  finally,  to  see  that  the  enclosures  and  grounds  of 
said  cemetery  are  kept  in  good  order  and  condition. 

Sec.  11.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  Wood  Measurer,  at  all  reasonable  hours,  to  attend  in  any 
part  of  said  city,  when  required,  and  then  and  there  accurate¬ 
ly  measure  any  fire  wood  that  may  be  shown  to  him  for  that 
purpose,  and  give  to  any  person  requiring  the  same,  a  certifi¬ 
cate  of  the  quantity  so  measured. 

Sec.  12.  Be  it  further  ordained ,  That  it  shall  be  the  duty 
of  the  measurer  of  lumber  and  other  building  materials  and 
mechanical  work,  at  all  reasonable  hours,  to  attend  in  any  part 
of  said  city,  and  then  and  there  inspect  and  measure  all  such 
lumber  and  other  building  materials,  and  also  measure  such 
kinds  of  mechanical  work,  as  may  be  shown  to  him  for  the 
purpose,  and  give  to  any  person  requiring  the  same  a  certifi¬ 
cate  of  any  such  measurement  and  inspection. 

Sec.  13.  Be  it  further  ordained ,  That  the  City  Clerk,  Clerk 
of  the  Market,  Harbor  Master,  Marshal,  Street  Commissioner, 
School  Superintendent,  City  Engineer,  Sexton,  and  Treasurer, 
shall,  before  entering  upon  the  duties  of  their  several  offices, 
give  bond  to  the  city  of  Quincy,  with  sufficient  security,  to  be 
approved  by  the  city  council,  in  such  sum  as  the  council  may 
direct,  conditioned  for  the  faithful  discharge  of  their  several 
duties;  and  each  officer  appointed  by  the  city  council  shall 
also  subscribe  an  oath  or  affirmation,  that  he  will  impartially 
and  to  the  best  of  Iris  judgment  and  ability  discharge  the  du¬ 
ties  of  his  office. 

Sec.  14.  Be  it  further  ordained.  That  any  officer  appointed 
by  the  city  council  may  be  removed  by  a  majority  of  said 
council  for  incompetency,  omny  dereliction  or  violation  of 
duty,  on  the  complaint  in  writing  of  any  inhabitant  of  said 


02 


ORDINANCES. 


city,  or  whenever  the  said  council  shall  think  the  interests  of 
said  city  require  such  removal :  Provided ,  however,  that  no  of¬ 
ficer  shall  be  removed  as  aforesaid,  until  lie  shall  have  notice 
of  such  intended  removal  and  of  the  charge  or  charges  pre¬ 
ferred  against  him,  served  on  him  by  the  City  Clerk,  and  an 
opportunity  to  exculpate  himself  before  said  council. 

Sec.  15.  Be  it  further  ordained ,  That  each  officer  herein 
mentioned,  on  his  resignation,  removal,  or  expiration  of  his 
term  of  office,  shall  deliver  to  his  successor,  all  books,  papers, 
or  other  property  pertaining  to  such  office. 

Sec.  16.  Be  it  further  ordained ,  That  each  officer  herein 
mentioned  shall  receive  such  salary  or  other  compensation  for 
services  as  the  city  council  may,  from  time  to  time,  by  ordi¬ 
nance  or  otherwise  determine. 

Sec.  17.  Be  it  farther  ordained ,  That  each  and  every  officer 
of  said  city,  receiving  money  belonging  to  said  city,  is  hereby 
required,  at  each  stated  meeting  of  the  city  council,  to  render  an 
account  of  all  such  money  received,  and  whether  the  same  has 
been  paid  into  the  treasury,  unless  there  be  a  special  provision 
to  the  contrary. 

Sec.  18.  Be  it  further  ordained ,  That  whenever  there  shall 
be  a  vacancy  in  any  of  the  offices  provided  for  by  this  ordi¬ 
nance,  or  that  may  hereafter  be  provided  for  by  any  ordinance, 
by  reason  of  resignation,  removal  or  otherwise,  the  city  council 
shall  fill  such  vacancy  at  the  next  stated  meeting  thereof,  un¬ 
less  the  interests  of  said  city  should  sooner  require. 

Sec.  19.  Be  it  further  ordained,  That  in  the  election  or  ap¬ 
pointment  of  all  city  officers  by  the  city  council,  the  candidate 
for  each  office  who  shall  receive  the  highest  number  of  votes 
shall  be  declared  elected. 

Sec.  20.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  City  Physician  to  attend  professionally  upon  all  city  pau¬ 
pers,  and  also  upon  all  persons  who  may  be  assisted  by  the  Over¬ 
seer  of  the  Poor,  as  contemplated  in  sections  “  4  and  5  '  of  an 
Ordinance  entitled  “An  Ordinance  Relating  to  the  Poor,” 
when  thereto  required  by  the  Overseer  of  the  Poor,  and  as 
their  wants  shall  demand. 

Sec.  21.  Beil  further  ordained ,  That  whenever  in  the  opinion 


ORDINANCES. 


G3 


of  the  city  council  or  of  the  Mayor,  it  may  be  necessary  to 
employ  counsel  to  act  on  behalf  of  the  city  in  any  suit,  prose¬ 
cution,  or  other  matter,  the  Mayor  may  employ  such  counsel, 
who  shall  be  paid  a  reasonable  compensation  out  of  the  city 
treasury. 

Sec.  22.  Be  it  further  ordamed,  That  it  shall  be  the  duty 
of  the  Superintendent  of  Schools,  to  take  the  charge  and  di¬ 
rection  of  public  schools  within  the  city,  in  manner  provided 
by  ordinance,  and  to  perform  such  duties  as  may  be  required 
of  him  by  the  city  council. 


NO  Y. 

An  Ordinance  Relating  to  Licenses. 

Sec.  1.  Shows  and  public  entertainments  prohibited  without  license. 

2.  Stores,  Broker  and  Exchange  Offices,  Taverns,  Peilers,  and 
Auctions. 

3.  What  considered  a  public  show. 

4.  How  license  obtained. 

5.  Temporary  license  how  obtained. 

6.  Clerk  may  grant. 

7.  Penalties  for  not  obtaining  license. 

8.  Auctioneers  to  be  licensed.  City  Council  may  cancel.  To 
give  bond. 

9.  Auctioneers  to  make  report  of  sale3.  Contents  of  report. 
Commissions  to  city. 

10.  Penalties.  Sale  of  wine,  spirituous  and  malt  liquors  and  cider, 
prohibited. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  no  person  shall  set  up  any  public  show  or  exhi¬ 
bition,  within  the  limits  of  said  city,  without  having  first  ob¬ 
tained  a  license  therefor  from  the  citv. 

«/ 

Sec.  2.  Be  it  further  ordained ,  That  no  person  shall  set  up 
or  keep  any  store,  place  for  the  sale  of  any  kind  of  merchan¬ 
dize,  or  ordinary,  broker,  pawn-brokers’  exchange,  loan  or 
money  exchangers’  office,  or  hawk  or  peddle  any  goods  or 
merchandize  or  sell  any  goods  or  merchandize  or  other  prop- 


64 


ORDINANCES. 


erty  at  auction,  or  keep  any  tavern  within  the  limits  of  the 
city,  without  having  first  obtained  a  license  therefor  from 
said  city. 

Sec.  3.  Be  it  further  ordained ,  That  all  public  shows,  exhi¬ 
bitions  and  entertainments,  or  other  public  meeting,  where 
pay  for  admittance  shall  be  required,  except  ladies’  fairs,  li¬ 
brary  lectures  and  concerts  of  music  by  citizens  of  Quincy, 
shall  come  within  the  provisions  of  the  first  section  of  this 
ordinance. 

Sec.  4.  Be  it  further  ordained ,  That  the  city  council,  at 
any  meeting  thereof,  may  "grant  a  license  for  any  of  the  fore¬ 
going  purposes,  on  a  written  application  therefor,  which  appli¬ 
cation  shall  specify  the  business  for  which  a  license  is  desired, 
the  average  amount  of  stock,  when  the  application  is  for  a 
store  license,  and  the  place  where  said  business  is  to  be  car¬ 
ried  on;  and  the  applicant  shall  pay  for  such  license  such  a 
sum  as  the  city  council  may  determine  :  Provided ,  that  if  busi¬ 
ness  is  carried  on  in  a  different  place  or  manner,  or  to  a  greater 
amount  than  that  stated  in  the  license,  the  city  council  are 
hereby  authorized  to  require  such  additional  sum  as  they  may 
think  proper,  which  additional  sum  shall  be  paid  to  the  city 
Clerk  on  demand;  and  if  any  such  licensed  person  shall  fail 
to  pay  the  same  on  such  demand,  the  same  shall  be  collected 
as  debts  in  other  cases,  or  the  city  council  may  cancel  such 
license. 

Sec.  5.  Be  it  further  ordained ,  That  whenever  any  person 
shall  wish  to  procure  a  license  for  any  of  the  purposes  men¬ 
tioned  in  this  ordinance,  for  a  less  term  than  three  months,  he 
shall  file  with  the  city  clerk  an  application  as  specified  in  the 
fourth  section  of  this  ordinance,  which  the  clerk  shall  pre¬ 
sent  to  the  city  council,  if  in  session,  and  if  not  in  session,  to 
the  Mayor,  and  in  case  of  the  absence  or  inability  of  the 
Mayor  the  Clerk  shall  determine  the  amount  to  be  paid  by  the 
applicant,  and  upon  the  payment  thereof  and  fees,  the  city 
Clerk  shall  issue  to  the  applicant  a  license  as  in  other  cases. 

Sec.  6.  Be  it  further  ordained ,  That  the  city  Clerk,  when 
the  city  council  shall  not  be  in  session,  on  the  proper  applica¬ 
tion  and  upon  the  payment  to  him  of  five  dollars  for  the  use 


ORDINANCES, 


Kb 

<of  the  city,  may  grant  a  license  to  any  person,  in  all  cases 
where  license  is  authorized  and  required  under  any  ordinance 
of  the  city,  until  the  next  meeting  of  the  city  council.  The 
clerk  shall  at  such  next  meeting  present  such  application  to 
the  city  council,  who  shall  act  upon  the  same,  and  the  amount 
so  paid  by  the  applicant  shall  be  allowed  him  as  a  part  of  the 
sum  determined  upon  for  a  license  in  the  case  by  the  city 
council. 

Sec.  7.  Be  it  further  ordained ,  That  any  person  who  shall 
violate  the  provisions  of  this  ordinance,  or  of  any  other  ordi¬ 
nance  of  the  city  relating  to  licenses,  or  requiring  a  license, 
and  where  not  otherwise  specially  provided,  shall  forfeit  and 
pay  to  the  city  of  Quincy  a  sum  not  exceeding  one  hundred 
dollars,  in  the  discretion  of  the  Police  Magistrate’s  court, 
which  shall  be  recovered  in  the  same  manner  as  other  penal¬ 
ties  and  fines  for  breach  of  city  ordinances,  are  recovered. 

Sec.  8.  Be  it  further  ordained ,  That  when  any  person  or 
persons  shall  wish  to  exercise  the  business  of  a  common  auc¬ 
tioneer,  within  the  limits  of  the  city,  lie  may  obtain  a  license 
therefor  from  the  city  clerk,  authorizing  him  or  them  to  act  as 
such  common  autioneer  within  the  city,  subject  however,  to  the 
approval  of,  and  to  be  at  any  time  cancelled  by,  the  city  council 
for  the  period  of  one  year,  upon  the  payment  of  fifty  dollars  and 
at  that  rate  for  a  shorter  time  upon  such  person  or  persons,  exe- 
ecuting  a  bond  to  the  city  of  Quincy  in  the  penal  sum  of  one 
thousand  dollars,  or  more  if  required  at  any  time  by  the  city 
council,  and  conditioned  for  the  faithful  discharge  of  his  du¬ 
ties  as /  such  auctioneer,  and  for  the  payment  of  all  moneys 
which  shall  come  to  his  hand  as  such  auctioneer,  to  the  person 
or  persons  entitled  thereto,  and  for  the  payment  to  the  city  of 
all  commissions  which  may  accrue  to  said  city  in  his  business 
under  any  ordinance;  which  bond  shall  be  tiled  in  the  city 
clerk’s  office. 

Sec.  9.  Be  it  further  ordained ,  That  such  auctioneer  shall 
make  a  written  report  to  the  city  council  or  the  city  clerk, 
once  in  every  three  months;  which  report  shall  be  under  oath 
and  shall  set  forth  the  names  of  persons  for  whom  he  may 
have  made  sales;  the  time  of  each  sale,  the  kind  of  property, 


ORDINANCES. 


ffi 

and  amount  sold  for  cacli  person,  and  the  total  amount  of  sales 
for  the  preceding  three  months,  and  which  report  shall  distin¬ 
guish  between  property  brought  to  the  city  to  be  sold  at  auc¬ 
tion  and  that  brought  for  private  and  other  purposes  in  the 
ordinary  routine  of  business;  and  for  the  purpose  of  enabling 
such  auctioneers  to  ascertain  this  fact,  he  may  require  any  per¬ 
son  procuring  such  sale  to  be  sworn  and  examined  in  this  re¬ 
spect.  And  such  auctioneer  shall  at  the  time  of  making  such 
report  pay  the  city  clerk  for  the  use  of  the  city  five  per  centum 
on  all  sales  of  property  brought  to  the  city,  to  be  sold  at  auc¬ 
tion,  and  one-half  per  centum  on  all  other  sales. 

Sec.  10.  Beit  further  ordained,  That  every  auctioneer  afore¬ 
said,  who  shall  fail  to  make  the  report  provided  for  in  the  9th 
section  of  this  ordinance,  or  who  shall  make  a  false  report,  or 
who  shall  exercise  the  business,  or  hold  himself  out  as  a  com¬ 
mon  auctioneer  within  the  city,  without  license,  and  every  per¬ 
son  procuring  any  property  to  be  sold  at  auction,  who  shall 
refuse  to  make  the  oath  and  submit  to  the  examination  men¬ 
tioned  in  said  section  of  this  ordinance,  shall  be  subject  to  the 
same  forfeitures  and  penalties  provided  for  in  the  seventh  sec¬ 
tion  of  this  ordinance.  No  person  shall,  within  the  limits  of 
the  city,  sell,  barter  or  exchange  any  spirituous  liquors,  wine, 
fermented  or  malt  liquors,  or  cider,  in  a  less  quantity  than  one 
quart,  except  for  purely  medicinal,  sacramental  or  mechanical 
purposes;  and  every  person  offending  in  this  respect,  shall  bo 
subject  to  the  same  forfeitures  and  penalty  provided  for  in  the 
seventh  section  of  this  ordinance. 


ORDINANCES. 


67 


NO.  VI. 

An  Ordinance  Regulating  the  Sale  of  Lumber . 

Sec.  1.  License  to  be  obtained  to  sell  Lumber.  City  Clerk  to  issue 
License.  Proviso  as  to  persons  selling. 

2.  Raftsmen  and  others  to  obtain  License. 

3.  Harbor  Mister  and  Marshal  to  enforce  this  Ordinance. 

4.  Penalties  for  violation. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  lumber,  including  shingles,  lath  and  square  tim¬ 
ber  of  every  variety  kept  in  the  city  for  sale,  shall  be  deemed 
merchandize,  and  the  venders  thereof  shall  be  required  to  take 
out  a  special  license  therefor,  to  be  denominated  “lumber  li¬ 
cense,”  for  which  they  shall  pay  to  the  city  the  same  rates  that 
are  or  shall  be  charged  for  store  license;  and  no  person  shall 
be  allowed  to  sell  any  of  said  articles  within  the  limits  of  said 
city,  without  having  procured  said  special  license  therefor,  ex¬ 
clusive  and  independent  of  all  other  licenses,  from  the  city 
clerk;  Provided ,  however,  that  this  ordinance  shall  not  apply 
to  any  resident  of  the  city  not  engaged  in  rafting  or  vending 
lumber,  who  may  sell  any  single  lot  of  lumber  in  the  ordinary 
course  of  dealing,  and  not  for  the  purpose  of  his  gain  or  profit; 
nor  shall  this  section  be  so  construed  as  to  include  anv  of  the 

4 / 

above  mentioned  articles  of  merchandize  manufactured  within 
the  city  of  Quincy  or  county  of  Adams,  or  to  lumber  sold  to 
lumber  merchants  or  dealers  to  sell  again  in  said  city,  in  strict 
accordance  witli  this  ordinance. 

Sec.  2.  Be  it  further  ordained ,  That  hereafter  no  owner  or 
agent,  or  commander  of  any  steamboat,  raft  or  other  craft,  or 
any  other  person  not  an  actual  resident  of  said  city,  shall  be  al¬ 
lowed  to  sell  within  the  limits  of  said  city,  any  lumber,  shingles, 
lath  or  square  timber,  except  to  lumber  mercahnts,  or  unless  the 
same  shall  have  been  manufactured  within  the  said  city  of  Quin¬ 
cy  or  county  of  Adams,  as  provided  in  the  first  section  of  this  or¬ 
dinance,  without  having  obtained  a  license  from  the  city  there¬ 
for;  for  which  license  each  person  applying  for  the  same  shall 
pay  five  per  cent,  on  the  amount  of  his  stock  proposed  to  be  of- 
ered  for  sale  by  him  duly  certified  and  sworn  to. 


ORDINANCES. 


68 


Sec.  3,  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  City  Harbor  Master,  Police  Constable  and  of  the  City  Mar* 
shal,  to  inform  all  lumber  dealers  of  the  city  and  all  persons 
landing  for  sale  any  lumber  or  raft  of  lumber  within  the  city, 
of  the  provisions  of  this  ordinance,  and  to  collect  and  pay 
over  to  the  city  clerk  from  all  raftsmen,  agents  or  other  persons 
embraced  within  the  provisions  of  this  ordinance,  the  per  cent- 
age  and  tax  imposed  by  this  ordinance.  It  shall  be  the  duty  of 
said  Harbor  master,  Police  Constable  and  of  said  City  Mar¬ 
shal,  to  cause  all  persons  violating  the  provisions  of  this  ordi¬ 
nance,  to  be  prosecuted  and  the  penalties  herein  provided  for 
to  be  collected;  Provided ,  that  the  failure  to  give  the  notice 
before  mentioned,  shall  not  defeat  the  collection  of  any  penalty 
herein  imposed. 

Sec.  4.  Be  it  further  ordained ,  That  any  person  who  shall 
violate  the  provisions  of  this  ordinance,  shall  for  every  offence 
forfeit  and  pay  fifty  dollars,  one-half  of  which  shall  be  paid  to 
the  informer,  and  the  balance  into  the  city  treasury,  to  be  re¬ 
covered  in  the  name  of  the  city,  as  other  penalties  are  in  case 
of  violation  of  city  ordinances. 


NO.  VII. 

An  Ordinance  to  restrain  Billiard  Tables . 

Sec.  1.  Billiard  Tables  to  be  Licensed. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  oj 
Quincy ,  That  no  person  shall  keep  a  billiard  table  within  the 
limits  of  the  city  for  playing  billiards,  without  having  first  ob¬ 
tained  a  license  therefor  from  the  city  council;  which  license 
shall  be  granted  for  one  year  on  payment  to  the  city  clerk  of 
the  sum  of  twenty-five  dollars,  and  at  that  rate  for  a  shorter 
time. 

Sec.  2.  Be  it  further  ordained ,  That  any  person  who  shall 
violate  the  provisions  of  this  ordinance,  shall  forfeit  and  pay 
to  the  city  not  less  than  five  nor  more  than  fifty  dollars  for 


ORDINANCES. 


69 


every  offence,  which  shall  be  collected  as  other  penalties  are 
for  violation  of  city  ordinances. 


NO.  VIII. 

An  Ordinance  to  Define  and  Prohibit  Nuisances. 

Sec.  1.  Relating  to  buildings  and  other  obstructions— notices  for  re¬ 
moval  to  be  given — penalty  for  not  complying  therewith — ex¬ 
ception  in  favor  of  persons  building,  &c. 

2.  Certain  jother  nuisances  defined — penalty — notice  for  remo¬ 
val — penalty  for  not  complying  therewith— notice,  how  given 
and  to  whom — conditional  exceptions. 

3.  Dead  animals  not  to  be  brought  into  the  city,  or  left  to  pu- 
trify — penalty,  &c. 

4.  Dogs  and  sluts,  hogs  and  jpigs,  running  at  large,  declared 

nuisances. 

5.  Lots  to  be  so  graded  as  to  prevent  stagnant  water — notice  to 
fill  up  lots  to  be  given — penalty  for  not  complying  therewith, 
and  course  to  be  pursued  by  City  Council. 

6.  Owner  of  dead  animals  to  bury  or  remove  same — penalty  for 
failure — shall  pay  expense,  if  done  by  city. 

7.  Privies,  how  built — when  a  nuisance— penalty. 

8.  Duty  of  Marshal  on  complaint  of  nuisance — notice  to  abate — 
prosecution  on  failure. 

9.  Citizens  may  complain  of  any  nuisance — Marshal’s  duties.— 
Shall  be  abated — expense  of  abatement.  Mayor’s  duties. — 
City  Council  may  declare  nuisance  and  order  abatement.  Mar¬ 
shal  to  abate — expense  of  same. 

10.  Owner  to  keep  premises  free  of  filth — penalty  for  failure — 
Marshal  to  remove — expense  of  same. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  if  any  person  shall  place,  or  erect,  or  cause  to  be 
placed  or  erected  on  any  public  ground,  or  in  any  public  street, 
lane,  avenue  or  alley  of  said  city,  any  building  or  other  ob¬ 
struction,  the  same  shall  be  deemed  a  nuisance;  and  any  per¬ 
son  so  offending  shall  be  notified  by  the  Street  Commissioner 
in  writing,  to  remove  the  same  on  or  before  a  day  to  be  speci¬ 
fied  in  said  notice,  and  on  failure  to  comply  with  the  same, 
such  person  shall  forfeit  and  pay  for  the  use  of  said  city,  the 


TO 


ORDINANCES. 


sum  of  not  less  than  three  nor  more  than  twenty  dollars;  and 
the  Street  Commissioner  shall  forthwith  cause  such  building' 
or  other  obstruction  to  be  removed  at  the  expense  of  the  per* 
son  so  offending,  which  fine  and  expense  shall  be  collected  as 
in  other  cases;  Provided,  that  any  person  engaged  in  erecting 
a  building  or  fence,  or  improving  any  lot  on  an}^  such  street, 
lane,  avenue  or  alley,  may  receive  a  written  permission  from 
the  Street  Commissioner  to  deposit  materials  therein,  and  con¬ 
tiguous  to  such  lot  for  such  length  of  time  as  said  Street  Com¬ 
missioner  may  deem  necessary  for  such  erection  and  improve¬ 
ment;  and  Provided  further,  that  any  person  desirous  of  obtain¬ 
ing  such  permission  shall  pay  therefor  the  sum  of  fifty  cents 
per  week;  and  that  such  permission  shall  not  extend  to  more 
than  one-half  of  the  width  of  the  side  walk  adjacent  to  such 
improvement,  or  to  more  than  fourteen  feet  of  the  street  adja¬ 
cent  to  said  side  walk,  the  gutter  always  being  left  free  and 
unobstructed. 

Sec.  2.  Be  it  further  ordained ,  That  if  any  person  shall 
erect  or  maintain,  or  cause  to  be  erected  or  maintained,  anv 
obstruction  across  anv  water  course  or  ravine  within  the  lim- 

t j 

its  of  said  city,  so  as  to  make  stagnant  water  therein,  or  shall 
deposit  any  noxious  or  offensive  matter,  earth,  stones,  straw, 
hay,  manure  or  any  other  article  or  substance  whatever  which 
may  tend  to  obstruct  the  gutter  of  any  street,  lane,  avenue  or 
alley,  or  endanger  the  health  of  the  citizens,  or  shall  conduct 
into  any  street,  lane,  avenue  or  alley  of  said  city,  through 
sewers  or  otherwise,  any  filthy  or  unclean  water  from  his 
kitchen,  house,  shop  or  manufactory;  or  shall  keep  or  main¬ 
tain  privy-vault,  hog-pen,  manure  or  sink-hole,  in  such  place  or 
manner  as  shall  be  offensive  to  the  neighborhood  in  which  the 
same  may  be,  or  be  likely  to  be  injurious  to  the  health  of  any 
of  the  citizens;  or  shall  erect,  keep  up  or  maintain  any  slaugh¬ 
ter-house,  the  same  shall  be  considered  a  public  nuisance.  Any 
person  who  shall  offend  in  any  of  the  foregoing  respects,  shall 
forfeit  and  pay  for  the  use  of  said  city,  a  sum  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  every  such  offence,  and 
shall  be  notified  by  the  City  Marshal  or  Street  Commissioner 
to  remove  any  such  nuisance,  and  to  purify  and  cleanse  any 


/ 


ORDINANCES. 


’such  place  within  a  reasonable  time;  and  any  person  failing  to 
comply  with  such  notice,  shall  forfeit  and  pay  for  the  use  of 
said  city,  the  sum  of  two  dollars  for  every  twenty  four  hours 
any  such  nuisance  may  be  suffered  to  remain,  and  all  expenses 
attending  the  removal  thereof.  If  the  person  owning  any 
such  house,  lot  or  other  place,  is  not  a  resident  of  said  city,  or 
cannot  be  found,  the  City  Marshal  or  Street  Commissioner 
may  remove  the  nuisance  at  the  expense  of  the  city;  Provided . 
that  in  case  of  erecting,  keeping,  or  maintaining  any  slaughter¬ 
house,  or  other  place  where  an  offensive  business  is  carried  oil 
notice  shall  be  given  in  writing  to  desist  from  pursuing  any 
such  slaughtering  or  other  offensive  business,  and  to  purify 
and  cleanse  any  such  place  within  a  reasonable  time;  and  Pro - 
vided  farther ,  that  any  owner  or  occupant  of  any  lot  in  said 
city,  wishing  to  improve  the  same,  shall  not  be  liable  to  the 
provisions  of  this  ordinance,  if  he  raises  the  grade  thereof  so 
that  no  stagnant  water  shall  stand  thereon,  said  grade  to  cor¬ 
respond  with  that  of  the  adjacent  street,  lane,  avenue  or  alley, 
and  also  provided  further :,  that  in  no  such  improvement,  shall 
any  permanently  running  water  be  obstructed. 

Sec.  3.  Be  it  further  ordained ,  That  if  any  person  shall  bring 
or  cause  to  be  brought,  within  the  limits  of  said  city,  any  dead 
animal,  and  leave  the  same  to  putrify  therein;  or  whoever, 
being  the  owner  or  possessor  of  any  animal  which  shall  die 
therein,  and  knowing  of  its  death,  shall  not  cause  the  same  to 
be  removed,  shall  forfeit  and  pay,  for  the  use  of  said  city,  the 
sum  of  five  dollars  for  every  such  offence;  and  the  city  mar¬ 
shal  shall  cause  the  same  to  be  removed  at  the  expense  of  any 
such  person  s©  offending,  which  fine  and  expense  shall  be  col¬ 
lected  as  in  other  cases. 

Sec.  4.  Be  it  further  ordained L  That  all  hogs,  pigs,  dogs,  and 
sluts,  running  at  large  contraay  to  the  provisions  of  any  ordi¬ 
nance  relating  thereto,  are  hereby  declared  to  be  nuisances, 
and  shall  be  dealt  with  as  therein  provided. 

Sec.  5.  Be  it  further  ordained ,  That  all  lots  of  land,  within 
the  limits  of  said  city,  shall  be  so  graded  by  the  owners  there¬ 
of  as  to  prevent  standing  or  stagnant  water  thereon;  and  the 
owner  of  each  and  every  lot  whereon  any  such  standing  or 


ORDINANCES. 


Tf* 

i  A 

stagnant  water  may  be,  shall  be  notified,  in  writing,  by  the  city 
marshal,  or  street  commissioner,  to  fill  up  and  grade  the  same 
within  a  reasonable  time,  so  as  to  prevent  any  such  nuisance; 
and  any  person  failing  to  comply  with  such  notice,  shall  forfeit 
and  pay,  for  the  use  of  said  city,  the  sum  of  five  dollars,  and 
the  city  marshal  or  street  commissioner  shall  forthwith  report 
such  failure  to  the  city  council;  and  the  city  council  shall  take 
such  measures  relative  thereto,  and  for  filling  and  grading  the 
same,  as  are  provided  in  cases  of  refusal  to  make  or  repair  side¬ 
walks. 

Sec.  G.  Be  it  further  ordained ,  That  whenever  any  dead  ani¬ 
mal  shall  be  within  the  limits  of  said  city,  as  mentioned  in 
the  third  section  of  this  ordinance;  or  otherwise,  the  owner 
and  the  person  in  whose  possession  the  same  may  be,  or  may 
have  last  been,  shall,  having  knowledge  thereof,  within 
twenty-four  hours  thereafter,  bury  the  same  at  least  four  feet 
under  ground,  or  shall  remove  the  same  one-half  mile  beyond 
the  limits  of  the  city,  and  one-fourth  of  a  mile  beyond  the 
residence  of  any  family,  office,  or  place  of  business;  and  any 
person  failing  to  do  so,  shall  forfeit  and  pay  to  the  city  of 
Quincy  not  less  than  five,  nor  more  than  fifty  dollars,  and  shall 
pay  to  the  city  the  expense  of  such  burial  or  removal,  should 
the  same  be  done  by  the  city  authorities.  This  section  shall 
in  nowise  affect  any  duty  or  penalty  provided  for  in  the  third 
section  of  this  ordinance. 

Sec.  7.  Be  it  further  ordained ,  That  no  person  or  persons 
shall  construct  on  his  or  her  premises,  any  privy  or  privy 
vault  within  less  than  one  hundred  feet  of  any  dwelling,  store, 
office,  or  place  of  work  or  business,  unless  the  vault  be  at 
least  ten  feet  deep  from  the  surface  of  the  ground,  and  walled 
from  bottom  to  top  with  stone,  bricks,  or  wood,  nor  shall  any 
such  vault  be  within  eighteen  inches  of  the  line  of  the  adjoin¬ 
ing  premises.  Any  privy  constructed  contrary  to  the  provi¬ 
sions  of  this  section,  within  the  limits  of  the  city,  shall  be 
deemed  a  nuisance;  and  any  person  violating  the  provisions  of 
this  section,  shall  forfeit  and  pay  to  the  city  of  Quincy  not  less 
than  five,  nor  more  than  one  hundred  dollars. 

Sec.  8.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 


ORDINANCES. 


73 


the  city  marshal,  on  complaint  of  any  citizen,  to  examine  any 
privy  or  privy  vault  complained  of,  and  if  in  his  opinion  it  be 
offensive  to  the  neighborhood,  or  to  any  person,  he  shall  notify 
the  owner  or  occupant  thereof  to  abate  the  same;  and  if  such 
owner  or  occupant  neglect  to  do  the  same  within  three  days 
thereafter,  then  the  said  marshal  shall  make  due  complaint,  for 
prosecution  in  the  premises,  to  the  police  magistrate’s  court. 

Sec.  9.  Be  it  further  ordained ,  That  in  case  of  any  sink, 
gutter,  private  sewer,  or  any  other  thing  within  the  limits  of 
the  city,  of  an  offensive  or  unhealthy  character,  upon  the 
premises  or  within  any  building  owned  or  occupied  by  any 
person,  any  citizen  can  make  complaint  thereof  to  the  city 
marshal,  whose  duty  it  shall  be  to  examine  the  matter  or  thing 
complained  of,  and  if  in  his  opinion  the  same  is  of  an  offensive 
or  unhealthy  character,  he  shall  notify  the  owner  or  occupant 
thereof  to  abate  the  same;  and  if  such  owner  or  occupant 
shall  not  within  three  days  thereafter  abate  the  same,  said  city 
marshal  shall  make  due  complaint  thereof,  for  prosecution,  to 
the  police  magistrate’s  court.  And  in  all  such  cases,  and  in 
any  case  of  nuisance,  the  mayor  may  direct  the  marshal  or  po¬ 
lice  constable  forthwith  to  abate  such  nuisance,  and  it  shall  be 
his  duty  forthwith  to  abate  such  nuisance,  and  the  owner  or 
occupant  of  the  premises,  or  of  the  thing  abated,  shall  be  liable 
to  pay  to  the  city  the  expense  occasioned  thereby. 

Sec.  10.  Be  it  further  ordained ,  That  the  owner,  owners, 
occupant,  or  occupants,  respectively,  of  each  lot,  house, 
premises,  or  any  appurtenance  thereto,  of  whatever  descrip¬ 
tion,  shall  keep  the  same  and  every  part  thereof  free  of  all 
filth,  material  or  thing  offensive  to  the  neighborhood  about  the 
same,  or  of  an  unhealthy  character,  or  which  would  be  likely  to 
contribute  to  disease,  contagion  or  infection  of  any  kind;  and 
in  case  of  failure  so  to  do,  each  and  every  such  owner,  owners, 
occupant  or  occupants,  shall  forfeit  and  pay  to  the  city  of 
Quincy  not  less  than  three,  nor  more  than  one  hundred  dollars; 
and  the  city  marshal  shall  cause  the  same  to  be  cleansed  and 
purified,  and  the  owner,  owners,  occupant  or  occupants  there¬ 
of,  and  each  of  them,  shall  be  liable  to  the  city  for  all  expense 
occasioned  thereby. 


74 


ORDINANCES 


NO.  IX. 

An  Ordinance  relating  to  Dogs  Running  at  Large . 

Sec.  1.  Dogs  and  Sluts  to  be  prohibited  from  running  at  large,  except 
the  same  are  registered,  &c.  Tax  to  be  paid  annually. 

2.  Dogs  and  Sluts  running  at  large  contrary  to  Ordinance,  de¬ 
clared  nuisances.  Penalty  therefor. 

3.  Shall  be  killed  by  the  Police  Constable,  after  notice.  Notice 
given.  Fee  for  killing. 

4.  Polic Constable  not  to  be  prevented  from  performance  of 
duty  under  this  Ordinance.  Penalty. 

5.  Exceptions  under  th i >  Ordinance. 

6.  Mayor  may  cause  to  be  killed. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy ,  That  no  dog  or  slut  kept  within  the  limits  of  said 
city,  shall  run  at  large  within  said  limits,  unless  the  owner 
thereof  shall  put  upon  the  neck  of  such  dog  or  slut  a  collar 
made  of  metal,  or  a  collar  having  a  metallic  plate  affixed 
thereto,  on  which  the  name  of  such  owner  shall  be  inscribed 
in  plain  letters,  and  unless  such  owner  shall  also  give  his  name 
and  a  description  of  such  dog  or  slut  to  the  Police  Constable, 
who  shall  register  the  same  in  a  book  kept  for  the  purpose, 
and  at  the  same  time  pay  to  said  Police  Constable  a  tax  of 
one  dollar  for  each  and  every  dog,  and  live  dollars  for  each 
and  every  slut  by  him  kept  and  suffered  to  run  at  large,  and 
thereafter  annually  pay  a  like  tax  on  such  dog  or  slut;  and  the 
Police  Constable  shall,  after  deducting  the  fee  for  registry,  pay 
the  balance  of  such  tax  into  the  treasury,  taking  a  receipt 
therefor. 

Sec  2.  Be  it  further  ordained ,  That  every  dog  or  slut  run¬ 
ning  at  large  contrary  to  the  provisions  of  this  ordinance, 
shall  be  deemed  a  nuisance,  and  the  owner  thereof  shall  for¬ 
feit  and  pay  for  the  use  of  said  city  the  sum  of  live  dollars. 

Sec.  3.  Be  it  further  ordained ,  That  every  dog  or  slut  run¬ 
ning  at  large  contrary  to  the  provisions  of  this  ordinance, 
shall  be  killed  by  or  under  the  direction  of  the  Police  Consta¬ 
ble,  and  for  which  he  shall  be  paid  out  of  the  City  Treasury, 
fifty  cents  for  each  dog  or  slut  so  killed. 


ORDINANCES. 


75 


Sec.  4.  Be  it  further  ordained ,  That  no  person  shall  in  any 
way  prevent,  or  attempt  to  prevent  the  Police  Constable,  or 
any  person  acting  by  his  direction,  from  performing  any  duty 
required  by  this  ordinance;  and  every  person  so  offending 
shall  forfeit  and  pay  for  the  use  of  said  city,  not  less  than  ten 
dollars,  nor  more  than  twenty-five  dollars  for  every  such 
offence. 

Sec.  5.  Be  it  further  ordained,  That  this  ordinance  shall  not 
apply  to  any  dog  or  slut  under  the  age  of  two  months,  or  to 
any  dog  or  slut  brought  into  the  city  by  its  owner,  such  owner 
not  being  a  resident,  until  such  dog  shall  have  been  in  the  city 
three  days  at  least. 

Sec.  6.  Be  it  further  ordained ,  That  the  Mayor  may  from 
time  to  time,  on  an  alarm  of  mad*dogs,  in  his  discretion  pro¬ 
hibit,  by  notice  in  some  public  newspaper,  all  dogs  from  run¬ 
ning  at  large  within  the  limits  of  the  city,  and  may  appoint, 
deputies  with  authority  to  kill  all  dogs  or  sluts  running  at 
large  within  the  city;  and  such  prohibition  shall  continue  so 
long  as  the  public  safety,  in  the  opinion  of  the  Mayor,  may 
require;  and  such  prohibition  shall  remain  in  force  until  the 
Mayor  shall  give  public  notice  of  the  discontinuance  thereof. 


76 


ORDINANCES- 


NO.  X. 

An  Ordiance  relating  to  Swi?ie  Running  at  Large. 

Sec.  1.  Hogg  and  Pigs  rnnoing  at  large  declared  nuisances — penalty 
therefor. 

2.  City  Marshal  to  take  up  and  confine  all  such  Hogs  and  Pigs — 
if  not  redeemed  to  be  disposed  of — Marshal  may  employ  help 
— interference  with  Marshal  in  performance  of  his  duty  pro¬ 
hibited,  and  penalty. 

3.  Hog  or  Pig  to  be  restored  on  payment  of  penalty  and  fee — if 
not  redeemed,  how  sold— sale  not  to  release  owner  from  pen¬ 
alty  and  costs. 

4.  Money  received  from  sales,  how  disposed  of — fees  of  Marshal. 

5.  Additional  fee  to  Marshal. 

6.  No  bidder  at  sale,  Marshal  to  bid  in  the  Hog  or  Pig  for  fees — 
owner  may  redeem. 

7.  How  advertised. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  every  hog  or  pig  found  running  at  large  in  any 
street,  lane,  avenue  or  alley  of  said  city,  or  in  any  uninclosed 
place  within  its  limits,  is  hereby  declared  a  nuisance;  and  the 
owner  of  each  and  every  such  hog  or  pig  shall  forfeit  and  pay, 
for  the  use  of  said  city,  the  sum  of  one  dollar  for  every  twen¬ 
ty-four  hours  such  hog  or  pig  shall  run  at  large. 

Sec.  2.  Be  it  further  ordained ,  That  the  City  Marshal  is 
hereby  required  to  take  up  and  coniine  in  a  secure  pen,  pound 
or  other  place  provided  by  him  for  that  purpose,  every  hog  or 
pig  found  running  at  large,  and  retain  the  same  at  least  twen¬ 
ty-four  hours;  and  if  not  redeemed  within  said  twenty-four 
hours  he  shall  dispose  of  them  as  hereinafter  directed;  and  the 
said  Marshal  in  the  performance  of  the  duties  required  by  this 
ordinance,  may  employ  at  his  own  expense  all  necessary  aid; 
and  any  person  who  shall  prevent,  or  attempt  to  prevent  said 
Marshal,  or  those  employed  by  him,  from  performing  any  of 
the  duties  required  by  this  ordinance,  shall  forfeit  and  pay,  for 
the  use  of  said  city,  not  less  than  ten  dollars,  nor  more  than 
twenty-five  dollars,  for  every  such  offence. 

Sec.  3.  Be  it  further  ordained ,  That  if  the  owner  of  any 
such  hog  or  pig  shall,  within  twenty-four  hours  after  the  same 


ORDINANCES* 


77 

is  taken  up,  pay  the  City  Marshal  the  penalty  herein  provided 
and  the  fee  for  taking  up  and  keeping  the  same,  such  hog  or 
pig  shall  be  restored  to  the  owner;  and  if  the  owner  does  not 
redeem  the  same  within  said  time  by  payment  aforesaid,  the 
City  Marshal  shall,  within  the  next  twenty-four  hours,  expose 
and  sell  the  same  at  public  auction  to  the  highest  and  best  bid¬ 
der,  for  cash,  between  the  hours  of  nine  and  ten  o’clock  in  the 
forenoon  at  the  place  of  confinement;  Provided,  however,  that 
the  sale  of  any  such  hog  or  pig  shall  not  release  the  owner 
from  the  penalty  and  costs  incurred  for  permitting  the  same  to 
run  at  large. 

Sec.  4.  Be  it  further  ordained ,  That  the  money  received  on 
the  sale  of  any  such  hog  or  pig,  after  deducting  the  penalty 
and  twenty-five  cents  for  taking  up  and  keeping,  and  fifty 
cents  for  selling  such  hog  or  pig,  shall  be  paid  to  the  owner 
thereof  on  application  to  the  City  Marshal  within  six  mooths 
after  such  sale;  but  if  no  application  is  made,  the  balance  over 
and  above  the  Marshal’s  compensation  shall  be  paid  to  the 
Treasurer,  for  the  use  of  the  city- 

Sec,  5.  Be  it  further  ordained ,  That  the  City  Marshal,  in 
addition  to  the  foregoing  fees,  is  hereby  authorized  to  retain, 
as  fees,  one  half  of  all  money  by  him  received  as  penalties  un¬ 
der  this  ordinance,  and  required  to  pay  the  balance  into  the 
treasury. 

Sec.  6.  Be  it  further  ordained ,  That  if  no  person  shall  bid 
at  any  sale  the  whole  amount  of  costs  for  taking  up,  keeping  and 
selling,  provided  for  in  this  ordinance,  it  shall  be  lawful  for 
the  City  Marshal  for  himself,  to  bid  thereon  for  the  amount  of 
his  costs  and  charges;  and,  no  one  bidding  more,  the  property 
offered  shall  be  struck  off  to  the  Marshal  as  in  other  cases. 
And  the  owner  of  any  hog  or  pig  taken  up;  as  aforesaid,  may 
redeem  the  same  at  any  time  before  sale  of  the  same,  as  pro¬ 
vided  for  in  the  third  section  of  this  ordinance- 

Sec.  7.  Be  it  further  ordained,  That  the  City  Marshal  shall, 
before  selling  any  hog  or  pig  under  this  ordinance,  advertise 
the  same  by  a  written  or  printed  notice,  giving  a  description 
of  the  property  and  the  time  and  place  of  sale,  posted  up  at  the 
front  of  the  court  house  in  said  city  for  at  least  twenty-four 


78 


ORDINANCES. 


hours  before  the  time  of  sale,  and  said  Marshal  may  in  his  dis¬ 
cretion,  adjourn  such  sale  from  day  to  day,  if  necessary  to  get 
bidders.  And,  if  said  Marshal  have  reason  to  believe  that  any 
hog  or  pig  so  taken  up,  is  owned  by  any  person  residing  with¬ 
out  the  limits  of  the  city,  it  shall  then  be  his  duty  to  advertise 
the  same,  as  aforesaid,  for  forty-eight  hours. 


NO.  XI. 

* 

Jin  Ordinance  Relating  to  Filling  up  of  Lots  and  Abating  Nui¬ 
sances. 

Sec.  1.  Owners  to  heep  lots  with  grade.  Declared  nuisance  when. 
Owner  to  fill  up.  Penalty  for  failure. 

2.  Lot  may  be  sold  for  filling  up.  City  may  fill  up.  May  sell  for 
expense. 

3.  Mode  of  procedure  and  costs. 

Section  1.  Be  it  ordained  by  the  City  Council  cf  the  city  of 
Quincy ,  That  it  shall  be  the  duty  of  all  owners  of  lots  within 
the  limits  of  the  city,  to  keep  the  same  and  the  surface  there¬ 
of  of  such  level  and  height  as  will  cause  the  water  to  run 
therefrom  to  and  along  the  grade  of  some  adjoining  street, 
alley,  culvert  or  sewer  erected  under  authority  of  the  city. 
And  whenever,  from  whatever  cause,  whether  from  erecting  or 
grading  streets,  alleys,  or  sidewalks,  under  authority  of  the 
city,  or  from  any  other  cause,  any  lot  or  part  of  lot  shall  be 
below  the  grade  of  the  adjoining  streets,  alleys  or  sidewalks, 
so  that  the  water  thereon  will  not  run  oft*  the  same  and  from 
the  surface  thereof,  but  shall  thereon  stand  and  remain,  whether 
stagnant  or  not,  such  lot  or  part  of  lot,  in  such  condition,  and 
in  such  quantity,  as  held  or  owned  by  any  person  or  persons 
at  the  time  of  the  commencement  of  such  nuisance,  is  herebv 
declared  to  be  a.  public  nuisance.  And  the  owner  or  owners 
thereof  shall  forthwith  cause  such  nuisance  to  be  abated,  by 
filling  up  the  ground  where  the  water  may  remain  and  stand, 
to  such  height  as  will  cause  such  water  to  run  off  such  lot  or 
part  of  lot  through  and  along  said  street,  alley,  culvert  or  sew¬ 
er  erected  under  authority  of  the  city.  And  every  such  owner 


ORDINANCES. 


Tsr 

or  owners  who  shall  fail  so  to  do,  for  the  period  of  ten  days, 
shall  forfeit  and  pay  to  the  city  of  Quincy,  for  each  and  every 
ten  days  lie  or  they  shall  permit  such  nuisance  to  remain  una¬ 
bated,  as  aforesaid,  not  less  than  five  nor  more  than  one  hun¬ 
dred  dollars. 

Sec.  2.  Be  it  further  ordained ,  That  in  case  the  owner 
or  owners  of  any  such  lot  or  part  of  lot  shall  fail  to  cause  any 
such  nuisance  to  be  abated,  as  aforesaid,  the  city  Council  may 
cause  to  be  advertised  and  sold  by  the  city  Clerk,  such  lot,  or 
any  portion  thereof,  to  any  person  who  shall  bid  the  least 
quantity  of  such  lot  for  the  abatement  of  such  nuisance,  in 
manner  aforesaid;  and  the  city  Clerk  shall  execute  to  the  pur¬ 
chaser  a  deed  for  the  portion  of  such  lot  sold  upon  the  order 
of  the  city  Council,  such  nuisance  having  been  lawfully  abated, 
in  manner  before  mentioned,  by  such  purchaser;  and  in  case  of 
any  such  nuisance  upon  any  lot  or  part  of  lots,  and  of  failure 
of  the  owner  or  owners  thereof  to  abate  the  same,  as  aforesaid, 
the  city  Council  may,  if  deemed  advisable,  cause  an  assess¬ 
ment  of  the  expense  of  abating  such  nuisance  to  be  made  by 
the  city  Engineer,  which  assessment  shall  be  made  in  writing, 
returned  to,  and  recorded  by,  the  city  Clerk  in  his  office.  The 
assessment  aforesaid  shall  exhibit  the  total  expense  of  abating 
such  nuisance,  and  in  case  the  same  shall  be  upon  the  premises 
of  more  than  one  person,  and  known  to  said  Engineer,  said 
assessment  shall  exhibit  an  apportionment  of  such  assessment 
upon  each  lot  or  part  of  lot,  as  the  case  may  be,  owned  or 
claimed  by  different  persons,  as  aforesaid,  according  to  tho 
estimated  expense  of  filling  or  other  work  necessary  upon  each 
for  the  complete  abatement  of  such  nuisance,  or  the  portion 
thereof  to  which  such  assessment  may  relate;  and  the  city 
Council  may  cause  such  nuisance,  or  any  portion  thereof,  to  bo 
abated  by  filling  up  or  otherwise,  at  the  expense  of  the  city. 
Each  lot  and  part  of  lot  upon  which  such  assessment  shall  be 
made,  as  aforesaid,  shall  be  sold  by  the  city  Clerk  for  tho 
satisfation  of  the  assessment  aforesaid  made  upon  them  respec¬ 
tively,  unless  paid  by  the  owner  thereof,  and  such  assessment 
shall  constitute  a  special  tax  thereon  according  to  the  appor¬ 
tionment  thereof,  and  shall  be  a  lien,  together  with  the  costs  of 


•80 


ORDINANCES, 


sale,  upon  every  such  lot  or  part  of  lot  from  the  time  of  the 
recording  of  such  asssessment,  as  aforesaid. 

Sec.  3.  Be  it  further  ordained ,  That  the  sales  provided  for 
in  this  ordinance,  shall  be  made  upon  the  same  notice  and  in 
the  same  manner,  except  that  the  Clerk  shall  make  the  sale, 
and  the  same  right  of  redemption  shall  exist  as  is  provided  for 
in  cases  of  sales  for  city  taxes  under  the  revenue  ordinances  of 
the  city  in  force  at  the  time  of  such  sale,  but  a  deed  shall  be 
executed  to  the  purchaser  upon  his  complying  with  the  terms 
of  sale,  without  further  delay.  The  Clerk  shall  be  entitled  to 
the  same  fees  and  costs  as  may  be  allowed  in  similar  cases  by 
the  ordinance  last  mentioned,  when  not  otherwise  provided  for. 


NO.  XII. 

Jin  Ordinance  relating  to  Streets ,  Alleys  and  Side  Walks,  and 

Street  Superin  tendent. 

Sec.  1.  When  owners  petition,  damages  released. 

2.  Paving  and  grading  of  Sidewalks. 

3.  Same  to  he  done  or  paid  for  by  owner.  How  done. 

4.  How  special  tax  levied  and  collected.  Proviso  in  case  of  in¬ 
fants. 

5.  How  sidewalks  r 'paired.  Owner  failing,  city  to  repair  and 
collect  off  lot. 

6.  Earth  not  to  be  removed  from  sidewalks  or  streets  without 
permission. 

7.  General  duties  of  Street  Superintendent.  Sr.  Commiss’r  to  be. 

8.  How  contracts  let  and  bids  for  opened. 

9.  City  Council  to  act  on  bids  and  determine  rights. 

10.  Bonds  to  be  given  by  contractors. 

11.  How  claims  against  the  city  allowed.  Auditing  Committee 
appointed;  their  duties.  Clerk’s  duties.  No  claim  paid  until 
audited. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  in  any  case  when  any  or  all  the  owners  shall 
petition  for  the  opening,  altering,  ^extending,  or  widening  of 
any  street,  alley  or  avenue,  the  city  council  shall  cause  the 
same  to  be  done,  if  deemed  by  them  advisable,  but  such  pet  i- 


ORDINANCES. 


81 


tion  shall  be  taken  as  a  release  of  all  damages  by  the  several 
petitioners. 

Sec.  2.  Be  it  further  ordained ,  That  whenever  it  shall  be¬ 
come  necessary  and  expedient  to  pave  and  grade  the  side¬ 
walks  on  any  street,  avenue  or  alley,  or  any  part  thereof,  with¬ 
in  the  limits  of  said  city,  the  city  council  shall  pass  an  order 
to  that  effect,  which  order  shall  set  forth  the  particular  locality 
where  such  paving  and  grading  is  required  to  be  done,  and 
the  time  that  is  allowed  for  completing  the  same;  and  the  pub¬ 
lication  of  such  order  in  the  paper  selected  by  the  city  council 
to  publish  their  proceedings  for  the  time  being,  shall  be  deem¬ 
ed  a  sufficient  notice  to  the  owner  or  holders  of  lots  fronting  on 
any  such  street,  lane,  avenue  or  alley,  where  any  such  paving 
and  grading  is  to  be  done  as  therein  specified. 

Sec.  3.  Be  it  further  ordained  That  all  such  paving  and  gra¬ 
ding  shall  be  done  in  conformity  with  the  grade  of  the  street, 
lane,  avenue  or  alley,  under  the  direction  of  the  Street  Com¬ 
missioner;  and  all  expenses  of  paving,  grading  and  repairing 
of  any  sidewalk  shall  be  paid  by  the  owners  or  holders  of 
lots  fronting  where  such  paving,  grading  or  repairing  is  to  be 
done. 

Sec.  4.  Be  it  further  ordained ,  That  if  the  owner  or  holder 
of  any  lot  or  part  of  lot  shall  neglect  to  grade  or  to  pave  his 
sidewalk,  in  conformity  with  the  order  of  the  city  council  pub¬ 
lished  as  aforesaid,  the  Street  Commissioner  shall  contract  for 
the  same  to  be  done  at  the  expense  of  the  city,  and  shall  make 
his  report  of  the  expense  thereof  to  the  city  council,  and  the 
city  council  shall  levy  a  special  tax  on  such  lot  or  part  of  lot 
respectively,  in  front  of  which  the  Street  Commissioner  may 
have  contracted  for  any  such  grading  or  paving  which  tax 
shall  be  of  sufficient  amount  to  cover  the  expense  thereof,  to¬ 
gether  with  all  costs  and  expenses  connected  therewith;  and 
immediately  after  such  levy  the  city  clerk  shall  advertise  and 
sell  the  same,  or  so  much  thereof  as  may  be  necessary  to  pay 
the  expenses  and  costs  of  such  grading  or  paving  and  costs  of 
sale.  The  advertisement  and  sale  shall  be  conducted  accord¬ 
ing  to,  and  governed  by  the  ordinances  of  the  city  in  force  at 


6 


32 


ORDINANCES. 


the  time  of  such  sale,  relating  to  the  city  revenue  from  taxes, 
and  the  same  rights  of  redemption  shall  exist  as  may  be  pro¬ 
vided  for  by  such  ordinances;  Provided ,  however,  that  when 
any  such  lot,  or  part  of  lot  is  wholly  or  in  part  owned  by  a 
minor  heir,  and  the  guardian  of  such  minor  heir  shall,  by  a  pe¬ 
tition  to  the  city  council,  establish  the  fact  of  such  minority 
and  of  his  authority  to  act  as  guardian,  and  desire  to  make 
any  special  contract  with  said  city  council  for  having  any  such 
paving  or  grading  done,  the  said  city  council  are  hereby  au¬ 
thorized  to  instruct  the  Mayor,  to  enter  into  such  contract; 
and  a  memorandum  of  the  terms  of  such  contract,  so  author¬ 
ized  to  be  made,  shall  be  entered  upon  the  journal  of  the  coun¬ 
cil,  and  the  further  stipulation,  that  if  the  first  payment  of 
any  such  contract  is  not  punctually  made,  the  city  council  shall  x 
then  proceed  to  levy  a  special  tax  as  aforesaid,  covering  the 
amount  of  such  contract,  interests  and  costs,  and  the  same  pro¬ 
ceedings  shall  be  had  as  if  no  such  contract  had  been  made. 

Sec.  5.  Be  it  further  or  darned,  That  whenever  any  repairs 
may  be  necessary  to  be  made  on  any  sidewalk,  the  owner  or 
holder  of  the  lot  fronting  thereon,  or  his  agent,  shall  be  noti- 
tified  by  the  Street  Commissioner  in  writing  thereof,  which 
notice  shall  set  forth  as  near  by  as  may  be,  the  nature  and  extent 
of  the  repairs  required  to  be  made;  and  if  any  such  owner, 
holder  or  agent  shall  fail  to  have  such  repairs  made  within 
ten  days  after  notice  as  aforesaid,  or  should  the  Street  Com- 
missioner  be  unable  by  reason  of  there  being  no  such  owner, 
holder  or  agent  a  resident  of  the  city  to  give  such  notice,  he 
shall  proceed  as  in  cases  of  failure  to  pave  and  grade  side¬ 
walks,  and  the  city  council  shall  levy  all  necessary  taxes,  and 
cause  the  same  to  be  collected  in  the  manner  prescribed  in  the 
preceding  section. 

Sec.  6.  Be  it  further  ordained ,  That  no  person  shall  be  per¬ 
mitted  to  remove  the  earth  or  substance  from  the  sidewalk  of 
any  street,  alley  or  avenue,  nor  from  any  street,  alley  or  ave¬ 
nue  of  the  city,  thereby  leaving  such  sidewalk  below  the  estab¬ 
lished  grade,  nor  be  permitted  to  fill  any  such  sidewalk,  street, 
alley  or  avenue  above  the  said  grade  without  special  permis- 


ORDINANCES. 


83 


sion  from  the  Street  Commissioner.  Every  person  violating 
this  section  shall  forfeit  and  pay  to  the  city  of  Quincy  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  7.  Be  it  further  ordained ,  That  the  Street  Commission¬ 
er  of  the  city  shall  be  superintendent  of  streets  and  all  public 
works  and  improvements  of  the  city,  and  he  may  appoint  a 
deputy,  with  the  consent  of  the  city  council,  who  shall  dis¬ 
charge  the  duties  which  may  be  assigned  him  by  the  Street 
Commissioner  and  shall  be  under  his  direction.  It  shall  be 
the  duty  of  the  Street  Commissioner  to  see  that  the  streets, 
alleys,  avenues  and  sidewalks  of  the  city  are  kept  in  repair 
and  free  from  obstruction,  and  may  for  that  purpose,  at  all 
times,  call  to  his  aid  the  City  Marshal  and  Police  Consta¬ 
ble,  to  contract  for  the  grading  and  opening  of  streets  and  re¬ 
pairing  the  same;  to  contract  for  the  grading,  paving  and  re¬ 
pairing  of  sidewalks,  when  the  owners  or  holders  of  the  lots 
fronting  on  the  same,  fail  to  do  such  grading,  paving  or  re¬ 
pairing,  and  to  make  report  to  the  city  council  in  writing  of 
the  costs  of  all  such  grading,  paving  and  repairing,  fronting 
on  the  lot,  premises,  or  part  of  lot  of  each  owner,  giving  a  de¬ 
scription  of  each  lot  or  part  of  lot  and  the  owner’s  name;  to 
superintend  all  grading,  paving  and  other  works  and  improve¬ 
ments  of  the  city,  or  done  by  the  city;  to  make,  order  or  con¬ 
tract  for  the  repair  or  improvement  of  any  street,  alley  avenue, 
or  any  other  improvement  or  matter  relating  to  the  public 
highways  of  the  city ;  and  generally  to  take  charge  of,  and  su¬ 
perintend  all  public  property,  improvements,  works  or  other 
enterprise  of  the  city,  not  otherwise  specially  provided  for 

Sec.  8.  Be  it  further  ordained ,  That  in  making  any  con¬ 
tract  under  this  ordinance,  or  under  any  resolution  of  the  city 
council,  the  Street  Commissioner  shall,  if  the  amount  thereof 
exceed  fifty  dollars,  give  notice  to  contractors  of  the  work  or 
improvement  to  be  made,  by  a  notice  thereof  published  for  ten 
days  in  some  newspaper  published  in  the  city,  or  by  hand  bill, 
unless  in  case  of  emergency,  when  such  notice  may  be  dispens¬ 
ed  with,  and  whenever  the  amount  of  such  contract  exceeds 
one  hundred  dollars,  a  like  notice  shall  be  given  for  fifteen 
days,  unless  in  case  of  emergency,  when,  with  consent  of  the 


84 


ORDINANCES. 


city  council,  such  notice  and  the  bidding  hereinafter  mentioned 
may  be  dispened  with,  particularly  describing  the  work  or  im¬ 
provement  to  be  let  and  contracted  for,  and  requesting  all  per¬ 
sons,  by  a  certain  day  and  hour,  to  deposit  with  the  city  clerk 
any  bid  they  may  wish  to  make  in  writing  and  sealed;  which 
said  sealed  bids  shall,  after  the  lapse  of  the  time  for  bidding, 
be  opened  by  the  city  clerk  in  the  presence  of  the  city  council, 
or  of  the  Mayor,  and  at  least  three  Aldermen. 

Sec.  9.  Be  it  further  ordained ,  That  the  bids  in  the  last 
section  of  this  ordinance  mentioned,  shall  be  laid  before  the 
city  council  as  soon  as  practicable  thereafter,  and  the  city 
council  shall  determine  who  is  the  lowest  bidder,  and  to  whom 
the  work  of  improvement  bid  for  shall  be  awarded.  If,  how¬ 
ever,  the  city  council  should  deem  it  advisable  not  to  accept 
any  bid  made  they  may  do  so,  and  shall  thereupon  direct  no¬ 
notice  to  be  given  anew,  or  may  make  such  other  order  in  the 
premises  as  to  them  may  seem  most  to  the  interest  of  the  city. 

Sec.  10.  Be  it  further  ordained ,  That  the  notice  for  sealed 
bids,  provided  for  in  this  ordinance,  shall  also  notify  all  per¬ 
sons  that  no  bids  will  be  noticed  unless  the  same  be  accompa¬ 
nied  with  a  written  guaranty  of  some  responsible  person;  that 
should  the  bid  be  accepted,  the  bidder  shall  forthwith  enter 
into  sufficient  bonds  with  security  to  be  approved  by  the  Street 
Commissioner  or  city  council,  conditioned  for  the  performance  of 
his  contract,  to  perform  such  work  or  make  such  improvement 
according  to  the  tenor  of  his  said  bid.  And  when  any  contract 
of  any  kind  shall  be  made  under  this  ordinance,  or  any  resolu¬ 
tion  of  the  city  council,  when  the  amount  thereof  exceeds  fifty 
dollars,  the  party  contracting  shall  give  bond  to  the  city  in 
such  sum  as  the  Street  Commissioner  or  city  council  may  re¬ 
quire  and  with  sucurity  to  be  approved  by  the  Street  Commis¬ 
sioner  or  city  council,  conditioned  for  the  due  and  faithful 
performance  of  the  work  or  improvement  undertaken,  and 
which  said  bond  shall  set  forth  the  contract  between  the  city 
and  the  party  contracting  to  do  the  work  or  make  the  im¬ 
provement. 

Sec.  11.  Be  it  further  ordained,  That  no  claim  or  demand 
against  the  city,  unless  the  same  be  due  by  bond  of  the  city. 


ORDINANCES. 


85 


for  salaries  of  offices  of  the  city,  or  of  such  a  nature  as  to  re¬ 
quire  only  payment,  the  amount  being  certain,  fixed  and  fully 
liquidated  as  to  amount,  or  capable  of  being  reduced  to  cer¬ 
tainty  by  computation  only,  shall  be  paid  without  having  first 
been  examined,  ascertained  and  certified  to  by  the  auditing 
Committee  hereinafter  provided  for,  and  also  ordered  to  be 
paid  by  the  city  council.  The  city  council  shall  so  soon  as 
practicable  appoint  an  auditing  committee  for  the  purpose 
aforesaid,  to  consist  of  one  Alderman  from  each  ward  who 
shall  hold  his  office  until  the  next  annual  organization  of  the 
city  council-  and  such  committee  shall  be  appointed  at  each 
annual  organization  aforesaid,  or  so  soon  thereafter  as  practi¬ 
cable,  from  year  to  year.  It  shall  be  the  duty  of  the  city  clerk 
to  lay  before  said  committee  all  such  claims  presented  for  al¬ 
lowance,  and  said  committee  shall  examine  the  same,  and  the 
proofs  and  allegations  made,  and  may  require  special  proof, 
and  shall  audit,  allow  or  disallow  as  the  rights  of  the  parties 
and  justice  may  require,  and  shall  make  report  thereof  in  wri¬ 
ting  to  the  city  council  at  each  meeting  thereof,  which  report 
shall  be  filed  by  the  city  clerk,  and  acted  upon  by  the  city 
council  so  soon  as  practicable  thereafter. 


NO.  XIII. 

An  Ordinance  Regulating  the  Quincy  Cemetery <. 

Sec.  1.  Land  appropriated  for  a  Cemetery. 

2.  Certain  Divisions  made  into  lots,  &c. 

3.  Certificate  to  purchasers  of  lots  and  deed — forms  thereof. 

4.  Interments,  how  made — fencing,  &c.,  of  lots  regulated* 

5.  Fees  for  digging  graves,  &c. 

6.  Sexton  to  have  charge  of  Cemetery. 

7.  Cemetery  funds,  how  applied. 

8.  Penalty  for  digging  graves  without  permission. 

9.  Trespassers,  how  dealt  with. 

10.  Credit  to  be  given.  Notes  to  be  collected. 

Section  1.  Be  it  ordained  by  the  City  Council ,  of  the  City  of 
Quincy,  That  the  tract  of  land  purchased  of  B.  B.  Kimball 


86 


ORDINANCES. 


for  a  burial  place,  and  particularly  described  in  a  deed  from 
said  Kimball  to  the  President  and  Trustees  of  the  town  of 
Quincy  and  their  successors  in  office,  recorded  in  the  Re¬ 
cords  of  deeds  in  the  county  of  Adams,  book  K.  page  154,  be 
continued  for  that  purpose  only,  and  called  the  “ Quincy  Ceme¬ 
tery ,”  and  so  designated  in  all  certificates  and  bonds  to  pur¬ 
chasers  of  lots  therein. 

Sec.  2.  Be  it  further  ordained ,  That  said  tract  of  land  shall 
be  divided  and  set  apart,  as  heretofore,  to-wit :  so  much  there¬ 
of  as  is  included  in  the  lots  numbered  from  One  to  Three  Hun¬ 
dred  and  Twelve ,  in  the  north  and  south  divisions  according  to 
the  survey  thereof,  shall  be  subject  to  entry  and  sale  at  ten 
dollars  for  each  lot,  one  half  to  be  paid  in  hand  and  the  bal¬ 
ance  in  six  months;  so  much  thereof  as  is  designated  in  said 
survey  as  the  “Potter’ s  Field  ,”  shall  be  for  the  interment  of 
strangers  and  other  persons,  whose  friends  may  so  desire,  on 
application  to  the  Sexton,  and  the  payment  to  him  of  one  dol¬ 
lar  toward  the  Cemetery  fund,  and  so  much  of  the  said  Pot¬ 
ter’s  Field,  as  is  designated  as  “ Strangers  Ground,”  shall  be  ap¬ 
propriated  to  the  burial  of  individuals  without  charge. 

Sec.  3.  Be  it  further  ordained,  That  every  person  purchas¬ 
ing  a  lot  as  aforesaid,  on  payment  of  the  first  instalment,  shall 
be  entitled  to  a  certificate  in  the  following  form  to-wit : 

“Received  at  Quincy,  this  day  of  A.  D.  18 

Five  Dollars,  being  the  first  instalment  for  Lot  No.  in 
the  “Quincy  Cemetery/’  and  on  payment  of  a  further  sum  of 
Five  Dollars  to  the  city  clerk  of  said  city  of  Quincy,  the  said 
will  be  entitled  to  a  deed  of  said  lot. 

City  Clerk.” 

which  certificate  shall  be  signed  by  the  city  clerk,  and  entry 
made  of  all  such  sales  made  by  him  in  a  book  kept  for  that 
purpose,  specifying  the  number  of  the  lot,  the  name  of  the  pur¬ 
chaser,  the  price  thereof,  and  date  of  the  sale.  On  payment 
of  the  last  instalment  as  herein  provided,  the  purchaser  shall 
receive  a  deed  of  the  lot  purchased,  to  be  made  and  executed 
by  the  Mayor  in  the  following  form  to-wit : 

“Know  all  men  by  these  presents,  that  the  city  of  Quincy, 
in  the  county  of  Adams  and  State  of  Illinois,  in  consideration 


ORDINANCES. 


87 


of  Ten  Dollars,  paid  by  tlie  receipt  whereof  is 

hereby  acknowledged,  has  granted,  bargained  and  sold,  and 
does  hereby  grant,  bargain,  sell  and  convey  unto  the  said 
his  heirs  and  assigns  forever,  Lot  No.  in  the  “Quincy 

Cemetery ,”  a  plat  of  which  will  be  seen  by  reference  to  the  re¬ 
cords  of  said  Adams  county,  in  book  K.  page  154. 

‘‘To  have  and  to  hold  said  Lot  No.  to  him  the  said 

his  heirs  and  assigns  forever  for  a  burial  place,  and 
for  no  other  purpose  whatever,  and  subject  to  such  regulations 
as  shall  be  established  by  the  city  council  in  relation  to  said 
Cemetery;  Provided ,  that  such  regulations  shall  not  be  repug¬ 
nant  to  the  spirit  and  intent  of  a  deed  of  said  land  from  Ed¬ 
ward  B.  Kimball. 

In  testimony  whereof,  I,  Mayor  of  said 

[seal]  City  of  Quincy,  have  hereunto  set  my  hand  and  caused 
the  seal  of  said  city  to  be  affixed,  this  day  of 
A.  D.  185  .  Mayor. 

“  State  of  Illinois,  ( 

7  r  RS 

Adams  County,  f  ‘  m,  .  ^ 

J  J  I  his  day  personally  appeared 

Mayor  of  said  city  of  Quincy,  personally  known  to  me  to  be 

the  person  who  executed,  and  whose  name  is  subscribed  to  the 

foregoing  deed,  and  acknowledged  the  same  to  be  his  free  act 

and  deed  for  the  uses  and  purposes  therein  expressed. 

J.  P.  [l.  s.]” 

Sec.  4.  Be  it  further  ordained ,  That  all  interments  on  pri¬ 
vate  lots,  or  other  parts  of  the  cemetery,  shall  be  made  at  least 
four  feet  deep,  and  the  grave  dug  at  least  four  and  a  half 
inches  within  the  line  of  the  lots;  and  all  fencing,  vaults  or 
ornaments  that  may  be  erected  by  individuals  on  their  lots 
shall  be  so  erected  as  not  to  obstruct  any  of  the  alleys,  walks 
or  access  to  any  of  them;  Provided ,  that  any  owner,  in  erecting 
a  wall  to  enclose  his  lot,  may  build  the  same  so  as  to  extend  a 
part,  not  more  than  four  and  a  half  inches  on  the  adjoining  lots. 

Sec.  5.  Be  it  further  ordained ,  That  the  fees  for  the  digging 
of  graves,  and  for  interments,  shall  be  as  follows,  to  wit :  For 
each  interment  on  private  lots,  two  dollars,  to  be  paid  to  the 


88 


ORDINANCES. 


sexton  from  the  estate  of  the  deceased;  for  each  interment  in 
the  “Potter’s  Field’’  two  dollars,  to  be  paid  in  like  manner,  and 
where  there  is  no  such  estate,  or  any  individual  liable  therefor, 
the  same  shall  be  paid  to  the  sexton  from  the  city  treasury ; 
Provided ,  that  in  all  cases  where  the  sexton  docs  not  attend  the 
corpse  from  the  residence  of  the  deceased  to  the  burial  place, 
the  fee  shall  be  one  dollar. 

Sec.  6.  Be  it  jurther  ordained,  That  the  cemetery  shall  be 
under  the  care  and  supervision  of  the  sexton,  subject  to  the 
order  of  the  city  Council,  for  which  lie  shall  receive  a  reasona¬ 
ble  compensation. 

Sec.  7.  Be  it  further  ordained ,  That  all  funds  (according  to 
the  provisions  contained  in  the  deed  from  said  Kimball,)  aris¬ 
ing  from  the  sale  of  cemetery,  lots,  or  otherwise,  after  defray¬ 
ing  the  cost  of  the  cemetery,  shall  be  appropriated  to  the  pay¬ 
ment  of  the  taxes,  current  expenses  and  improvements  thereof. 

Sec.  8.  Be  it  further  ordained ,  That  any  person  who  shall 
dig  any  grave  in  the  cemetery,  except  under  the  direction  of 
the  sexton,  shall  forfeit  and  pay,  for  the  use  of  said  cemetery, 
the  sum  of  five  dollars  for  every  such  offence. 

Sec.  9.  Be  it  f  urther  ordained ,  That  if  any  owner  of  a  lot 
or  lots  in  the  cemetery  shall  trespass  upon  the  rights  of  any 
other  owner  or  owners  of  a  lot  or  lots  therein,  or  on  any  of  the 
walks,  alleys,  or  grounds  therein,  or  shall  refuse  or  neglect  to 
comply  with  the  regulations  of  said  cemetery,  he  shall  be  lia¬ 
ble  for  damages  in  an  action  by  said  city  of  Quincy,  before 
any  court  competent  to  try  the  same. 

Sec.  10.  Be  it  further  ordained ,  That  any  person  wishing 
to  purchase  a  lot  in  the  Quincy  cemetery,  and  who  shall  be 
unable  at  the  time  of  application  to  make  payment  therefor, 
shall  be  permitted  to  execute  and  deliver  to  the  city  Clerk  for 
the  use  of  the  city,  a  note  with  good  security,  to  be  approved 
by  the  city  Clerk,  payable  three  months  after  date.  And  if 
such  purchaser  shall  pay  one-half  of  the  purchase  money  down, 
he  shall  have  six  months’  credit  on  the  other  half,  by  giving 
note  and  security  as  aforesaid,  and  in  either  case  shall  be  enti¬ 
tled  to  a  deed  for  the  lot  purchased,  when  paid  for.  And  it 


ORDINANCES. 


89 


shall  be  the  duty  of  the  city  Clerk  to  cause  to  be  collected, 
when  due,  all  notes  which  shall  be  executed,  or  may  hereto¬ 
fore  have  been  executed  for  burial  lots  in  said  cemetery,  and 
the  proceeds  thereof  to  account  for  to  the  city  Council. 


NO.  XI Y. 

On  Ordinance  relating  to  Woodland  Cemetery. 

Sec.  1.  Deeds  for  Lots  to  bo  made  by  Mayor. 

2.  Injuring  fence,  trees,  shrubs,  or  any  other  thing  of  Cemetery. 
Amusements.  Disorderly  conduct.  Turning  in  animals.  Us¬ 
ing  profane  language.  Disturbing  persons.  Penalty  for. 
Quincy  Cemetery. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  Mayor  of  the  city  is  hereby  authorized  and 
required  to  execute  in  the  name  of  the  city  of  Quincy  and 
under  the  corporate  seal  thereof,  any  deed  or  deeds  to  any  pur¬ 
chaser  or  purclirsers  of  burial  lots  in  IVoodland  Cemetery,  od. 
the  written  request  of  John  Wood  or  his  agent  duly  authorized 
by  him  to  sell  lots  in  said  cemetery,  the  said  John  Wood  or 
his  agent  preparing  such  deed  or  deeds  ready  for  execution, 
and  paying  the  expense  accrued  thereby. 

Sec.  2.  Be  it  further  ordained ,  That  any  person  who  shall 
break  down,  deface,  hack,  or  in  any  manner  injure  the  fence 
or  enclosure  of  said  Woodland  Cemetery,  or  who  shall  tear 
down,  deface,  or  in  any  manner  injure  any  lot,  enclosure,  tomb 
stone,  material  erected  at  any  grave,  or  any  shrub,  bush,  flow¬ 
ers,  or  other  thing  or  ornament  within  said  cemetery,  or  who 
shall  cut,  hack  or  deface  any  tree  or  shrub,  post,  or  in  any 
manner  injure  the  same,  or  any  other  thing  of,  standing  on,  or 
being  within,  said  cemetery,  or  who  shall  in  any  manner  injure 
the  grass,  herbage,  streets,  walks,  ornaments,  or  other  thing 
of  said  cemetery,  whether  belonging  to  the  city,  or  private  pro¬ 
perty,  or  who  shall  leave  open  any  gate  of  the  enclosure  of  the 
same,  or  of  any  private  burial  place  therein,  the  same  being 
done  wilfully,  negligently,  or  carelessly,  or  who  shall  therein 


90 


ORDINANCES. 


engage  in  any  sports  or  amusements,  who  shall  turn  any 
beasts  or  animals  therein,  or  who  shall  therein  congregate  for 
sports,  plays,  or  amusements,  or  who  shall  therein  conduct  in 
a  boisterous,  rude,  or  indecent  manner,  or  ill-treat  any  person 
therein,  or  therein  use  profane  or  indecent  language,  or  in  any 
manner  disturb  therein  any  burial  party,  or  individual  there 
being  for  lawful  purpose,  shall  forfeit  and  pay  to  the  city  of 
Quincy,  for  every  such  offence,  a  sum  not  less  than  one,  nor 
more  than  one  hundred  dollars.  This  section  shall  also  apply 
to  the  Quincy  Cemetery. 


i 


NO.  XY. 

An  Ordinance  Relating  to  the  Prevention  and  Extinguishment  of 

Fires. 

Sec.  1.  Fire  Warden  shall  appoint  two  Assistants  to  each  Ward. 

Their  duties.  Absences  provided  for. 

*-2.  FireWarden  to  inspect  stoves,  fire  places.  &c.,  semi-annual¬ 
ly,  or  oftener.  if  required.  Notify  persons  to  make  repairs. 

3.  Stoves,  fire-places,  &c.,  that  may  be  unsafe,  not  to  be  used, 
after  inspection,  until  repaired.  Penalty.  Provision  for  ap¬ 
peal  to  City  Council. 

4.  Hay,  straw,  &e.,  not  to  be  stacked  within  one  hundred  feet  of 
any  buildiDg.  Penalty. 

5.  Fires  in  frame  buildings  having  no  chimney,  &c.,  prohibited. 
Penalty. 

6.  Fire  Warden  to  have  charge  of  ladders,  fire-hDoks,  and  other 
fire  apparatus,  except  engine.  Keep  them  in  repair.  Penal¬ 
ty  for  taking  without  leave  of  Warden. 

7.  Fire  Warden  and  Assistants,  on  alarm  of  fire,  to  repair  imme¬ 
diately  to  place  thereof,  and  direct  efforts  for  extinguishing 
the  same,  &c.  Authorized  to  command  aid.  Penalty  for  re¬ 
fusing  to  obey. 

8.  Powers  of  Fire  Warden  and  Assistants  at  fires. 

9.  FireWarden  or  Assistants  to  examine  houses  and  tenements, 
and  report  breaches  of  this  ordinance. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  Fire  Warden  shall,  by  and  with  the  consent 
of  the  city  Council,  immediately  after  his  appointment,  appoint 


ORDINANCES. 


91 


a  first  and  second  assistant  Fire  Warden  for  each  ward  in  said 
city,  which  assistants  shall  do  and  perform  any  of  the  duties 
devolving  on  the  Fire  Warden,  whenever  he  shall  direct;  and 
whenever  the  Fire  Warden  shall  not  be  present  at  any  fire  in 
said  city,  the  assistants,  in  their  respective  wards,  shall  perform 
his  duties,  according  to  their  seniority;  and  should  the  Fire 
Warden  and  both  assistants  in  the  ward  in  which  the  fire  occurs, 
be  absent,  in  that  case  the  duties  of  Fire  Warden  shall  be  per¬ 
formed  by  the  assistants  of  the  adjacent  ward  according  to 
seniority,  and  in  case  of  their  absence,  by  the  assistants  of  the 
remaining  ward  according  to  seniority. 

Sec.  2.  Be  it  further  ordained ,  That  the  Fire  Warden,  or 
his  assistants  by  his  direction,  shall,  immediately  after  their 
appointment,  in  April,  and  also  in  November,  or  oftener  if 
thought  proper,  inspect  all  stoves,  fire-places,  and  other  places 
in  which  fire  may  be  kept  in  said  city,  and  all  stove-pipes, 
chimneys,  funnels,  or  other  apparatus  therewith  connected,  for 
the  purpose  of  ascertaining  whether  the  same  are  so  fixed  as 
not  to  endanger  the  building  in  which  the  same  may  be,  or  to 
which  they  may  be  attached,  or  to  endanger  any  other  building 
in  the  city;  notify  the  occupants  to  make  all  necessary  repairs, 
and  see  that  the  same  are  done  within  a  reasonable  time;  and 
any  such  inspection  shall  be  made,  on  the  request  of  any  citi¬ 
zen  at  any  time,  for  the  purpose  of  ascertaining  the  safety 
thereof. 

Sec.  3.  Be  it  further  ordained ,  That  whenever,  in  the  opin¬ 
ion  of  the  Fire  Warden  or  of  his  assistants  acting  under  his 
direction,  any  stove,  fire-place,  or  other  appurtenances  for 
the  conducting  of  smoke  or  heat  from  any  such  place,  may  be 
in  such  a  state  as  to  render  the  keeping  of  fire  therein  unsafe, 
he  is  required  to  order  the  occupant  of  the  building  in  which 
the  same  may  be,  or  with  which  the  same  may  be  connected,  to 
discontinue  the  making  of  fire  therein,  and  to  make  all  neces¬ 
sary  and  proper  repairs  to  render  the  keeping  of  fire  therein 
safe,  in  the  opinion  of  the  said  Fire  Warden  or  his  assistant 
inspecting  the  same;  and  if  any  person  shall  make  afire  there¬ 
in,  and  neglect  to  make  such  necessary  repairs,  after  being 


92 


ORDINANCES. 


ordered  so  to  do  as  aforesaid,  the  occupant  of  any  such  build¬ 
ing  shall  forfeit  and  pay,  for  the  use  of  said  city,  the  sum  of  ten 
dollars  for  every  twenty-four  hours  the  same  may  remain  with¬ 
out  such  repairs  being  made,  and  used  as  aforesaid  :  Provided , 
however,  that  any  person,  feeling  himself  aggrieved  by  the 
decision  of  the  order  of  said  Warden  or  assistant,  as  the  case 
may  be,  may  appeal  therefrom  to  the  city  Council  at  the  first 
.  meeting  thereof  after  notice  as  aforesaid;  but  in  all  cases,  the 
order  of  said  Fire  Warden,  or  assistant,  to  discontinue  the 
making  of  fire  therein,  shall  be  complied  with  until  the  final 
decision  of  the  city  Council  on  such  appeal. 

Sec.  4.  Be  it  further  ordained ,  That  no  person  shall,  within 
the  limits  of  said  city,  stack  or  cause  to  be  stacked,  any  hay, 
straw,  or  other  combustible  material  within  one  hundred  feet 
of  any  building  where  fire  may  be  kept;  and  every  person  so 
offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  the 
sum  of  five  dollars,  and  five  dollars  for  every  twenty-four 
hours  the  same  may  be  suffered  to  remain,  after  notice  from 
the  Fire  Warden  or  assistants  in  the  ward  to  remove  the  same. 

Sec.  5.  Be  it  farther  ordained ,  That  no  person  shall  build, 
make  or  kindle,  or  cause  to  be  made  or  kindled,  any  fire  in 
any  frame  building,  plank  or  other  temporary  shed  of  lumber, 
or  house  made  of  plank  or  other  lumber,  without  having  a 
chimney,  stove,  or  vault,  in  which  to  build,  make  or  kindle 
such  fire;  and  every  person  so  offending  shall  forfeit  and  pay, 
for  the  use  of  said  city,  the  sum  of  five  dollars  for  every  such 
offence. 

Sec.  6.  Be  it  further  ordained ,  That  the  Fire  Warden  shall 
take  charge  of  all  ladders,  fire-hooks,  and  other  fire  apparatus 
belonging  to  said  city,  excepting  fire  engines,  and  see  that  the 
same  are  kept  in  proper  order  and  condition,  and  in  their 
proper  place  of  deposit,  when  not  in  actual  use,  or  undergoing 
repairs;  and  if  any  person  shall  take  from  said  places  of  de¬ 
posit  any  such  apparatus,  except  under  the  direction  of  the 
Fire  Warden,  to  be  repaired,  or  on  the  alarm  of  fire,  except 
the  fire  engines,  he  shall  forfeit  and  pay,  for  the  use  of  said 
city,  the  sum  of  five  dollars  for  each  and  every  offence,  and 


ORDINANCES. 


93 


five  dollars  for  every  twenty-four  hours  he  shall  neglect  to 
return  the  same  to  its  proper  place  of  deposit,  after  being 
notified  by  the  Fire  Warden  or  assistant  so  to  do. 

Sec.  7.  Be  it  farther  ordained ,  That  the  Fire  Warden  and 
his  assistants  shall,  upon  notice  of  the  breaking  out  of  any  fire 
in  said  city,  repair  immediately  to  the  place  thereof,  vigorous¬ 
ly  exert  their  authority,  and  use  their  best  endeavors  to  extin¬ 
guish  the  the  same,  and  prevent  the  spreading  thereof,  and  to 
preserve  and  protect  the  property  endangered  by  the  same; 
and  all  persons  are  hereby  required  to  pay  due  respect  and 
obedience  to  their  commands;  and  any  person  who  shall  neg¬ 
lect  or  refuse  so  to  do,  shall  forfeit  and  pay,  for  the  use  of 
said  city,  the  sum  of  live  dollars  for  every  such  offence;  and 
the  Fire  Warden  or  any  assistant  so  aggrieved,  shall  be  a  com¬ 
petent  witness  to  prove  such  offence. 

Sec.  8.  Be  it  further  ordained,  That  during  the  continuance 
of  any  fire,  the  said  Fire  Warden  and  assistants  are  hereby 
empowered  to  command  and  require  the  services  and  assist¬ 
ance  of  any  person  for  the  purpose  of  extinguishing  the  same, 
and  for  removing  household  furniture,  goods,  wares  and  mer¬ 
chandize  out  of  any  building  actually  on  fire,  or  in  danger 
thereof,  and  to  control  and  direct  operations  of  all  persons 
concerned  in  extinguishing  the  fire  or  removing  property  as 
aforesaid,  and  to  appoint  proper  guards  to  take  care  of  all 
property  so  removed;  and  also  to  command  and  require  the 
services  and  assistance  of  any  person  for  the  pulling  down  or 
blowing  up  of  any  house  or  other  bluilding,  and  to  perform 
any  other  service  for  the  purpose  of  extinguishing  the  fire  and 
preventing  the  spreading  thereof;  and  also  to  suppress  any 

tumult  or  disorder  that  might  arise  during  the  continuance 
thereof. 

Sec.  9.  Be  it  farther  ordained ,  That  the  Fire  Warden,  or 
his  assistants  under  his  direction,  from  time  to  time,  and  at 
least  once  in  every  six  months,  shall  visit  and  examine  everv 
house  and  other  tenement  contemplated  by  this  ordinance,  and 
report  to  the  Mayor  all  breaches  of  any  provision  of  this  ordi¬ 
nance,  that  every  offender  may  be  subjected  to  the  payment 
of  any  penalty  herein  provided  for. 


94 


ORDINANCES. 


NO.  XVI. 

An  Ordinance  Regulating  the  City  Market. 

Sec.  1,  Market  hours  and  days  fixed. 

2.  Certain  kinds  of  victuals  and  provisions  to  bo  sold  at  Market 
during  market  hours — penalty  for  violating  this  section — ex¬ 
ception. 

3.  Leading,  riding,  or  driving  horse,  &c.,  or  vehicle  into  the  mar¬ 
ket  house,  killing  and  slaughtering  on  market  lot,  depositing 
filth,  &c.,  prohibited — penalty. 

4.  Wagons,  &c.,  to  be  placed  outside  the  sidewalk,  and  space 
to  be  left  between — penalty. 

5.  Provisions  for  keeping  market  in  proper  condition — penalty 
for  incumbering,  &c. 

6.  Sale  of  sick  and  diseased  animals  prohibited— penalty. 

7.  Sale,  and  exposure  to  sale,  of  unsound  articles,  &c.,  pro¬ 
hibited — penalty. 

8.  Certain  kinds  of  meat  prohibited  from  being  sold  without 
particular  representation—  penalty. 

9.  None,  except  owner  or  occupant  of  stall,  &c.,  to  sell  fresh 
meat  by  less  quantity  than  the  quarter— penalty. 

10.  Quantity  of  provisions  purchased  at  Market  limited— penalty. 

11.  Forestaling  prohibited — penalty. 

12.  Sale  of  liquors  about  the  Market  prohibited— other  prohibi¬ 
tions — exceptions  and  limitations — provisions  for  preserva¬ 
tion  of  health  about  the  market— regulation  about  fires— pen- 
ties  for  violation  of  this  section. 

13.  Penalties  for  selling  by  false  weights — duty  of  Clerk  of  the 
Market  in  such  cases. 

14.  Clerk  of  Market  to  prepare  and  post  up  rules  and  regulations 
in  the  market. 

15.  Clerk  of  Market  to  issue  permits. 

16.  Persons  prohibited  from  selling  articles  purchased  at  mar¬ 
ket.  How  vehicles  to  be  placed.  Penalty. 

17.  Clerk  of  Market  to  keep  book — to  make  settlements  with 
Council.  To  pay  over  money  to  City  Clerk.  Penalty. 

18.  Opening  and  closing  of  Market. 

19.  Regulations  of  market. 

20.  Duty  of  Clerk  of  Market.  Who  may  sell  in.  Regulations  of 
selling. 

21.  Farmers  and  producers  may  sell. 

22.  Sale  of  butcher’s  stalls.  Lease  to  be  executed.  Neglect  to’ 

pay  rent.  Stand  becoming  vacant. 

23.  Penalties. 


ORDINANCES. 


95 


Section  1 .  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy ,  That  the  market  of  the  city  shall  be  open  for  the  sale 
of  all  victuals  and  provisions  from  the  dawn  of  day  until  ten 
o’clock,  a.  M.,  and  from  4  o’clock,  p.  m.,  until  dark,  from  the 
first  day  of  April  until  the  first  day  of  October;  and  from  the 
dawn  of  day  until  twelve  o’clock  in  the  forenoon,  and  from  two 
o’clock  until  dark  in  the  afternoon,  during  the  remainder  of 
the  year,  Sundays  excepted. 

Sec.  2.  Be  it  further  ordained.  That  all  victuals  and  provi¬ 
sions,  whatsoever,  offered  for  sale  in  said  city,  except  all  kinds 
of  grain,  flour,  meal,  bread,  butter  in  firkins,  or  other  vessels, 
exceeding  fifteen  pounds,  nett  weight,  cheese,  bacon,  pork,  by 
the  hog,  beef  by  the  quarter,  beef  and  pork  by  the  barrel,  or 
large  casks,  live  cattle,  sheep  or  hogs,  shall  be  taken  to  the 
market-house,  there  to  be  sold  at  market  hours;  and  any  per¬ 
son  violating  this  section,  whether  vendor  or  purchaser,  shall 
forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  one  dol¬ 
lar  nor  more  than  five  dollars  for  every  such  offence;  Provided , 
That  nothing  in  this  section  contained  shall  prevent  any  per¬ 
son  from  selling  or  purchasing  any  of  the  articles  specified 
herein,  out  of  market  hours. 

Sec.  3.  Be  it  further  ordained ,  That  no  person  shall  lead  or 
drive  into  the  market-house,  or  on  any  sidewalk  thereof,  any 
horse  or  other  beast,  wagon,  cart  or  carriage  of  any  kind 
whatever,  or  kill  or  slaughter,  within  the  limits  of  the  market 
lot,  any  beast  of  the  beef,  sheep  or  hog  kind,  or  lay  thereon,  or 
deposit  any  dirt,  filth,  garbage,  dung  or  offal  therein,  under 
the  penalty  of  five  dollars,  for  the  use  of  said  city,  for  every 
such  offence. 

Sec.  4.  Be  it  further  ordained ,  That  no  wagon,  cart,  dray, 
or  carriage  of  any  description,  shall  stand  nearer  the  market- 
house  than  the  outer  edge  of  the  sidewalk,  and  the}7,  shall  be 
so  arranged  as  to  leave  a  space  of  at  least  three  feet  between 
them,  and  shall,  in  no  case  whatsoever,  encroach  on  the  pas¬ 
sage  or  avenues,  passing  to  or  from  the  market,  under  the 
penalty  of  two  dollars,  for  the  use  of  said  city,  for  each  and 
every  offence. 


96 


ORDINANCES. 


Sec.  5.  Be  it  further  ordained ,  That  no  person  shall  bring 
or  deposit  upon  the  market  lot,  any  nuisance,  or  any  lumber, 
wood,  logs,  timber,  stone,  lime,  sand,  brick  or  earth,  or  any 
hogsheads,  pipes,  puncheons,  barrels,  casks,  or  kegs,  not  con¬ 
taining  provisions  intending  to  be  sold  at  market  in  the  usual 
way,  or  any  boxes  or  crates  containing  merchandize,  or  other 
articles  of  merchandize,  not  intended  to  be  sold  in  market  in 
the  usual  manner,  and  every  person  so  offending  shall  forfeit 
and  pay,  for  the  use  of  said  city,  the  sum  of  five  dollars  for 
each  and  every  offence,  and  a  further  sum  in  each  and  every 
ease,  of  ten  dollars  per  day,  for  each  and  every  day,  that  all 
or  any  of  said  articles  or  things  shall  remain  upon  said  lot. 

Sec.  6.  Be  it  further  ordained ,  That  no  butcher  or  other 
person,  shall  sell,  or  expose  to  sale  in  the  market,  any  sick  or 
diseased  live  animal,  usually  eaten  for  food,  and  for  the  pur¬ 
pose  and  Avith  the  design,  that  the  same  shall  be  immediately 
used  for  food,  knowing  or  believing  the  same  to  be  sick  or  dis¬ 
eased;  and  every  person  so  offending  shall  forfeit  and  pay,  for 
the  use  of  said  city,  a  sum  not  less  than  five  or  more  than  fiftv 
dollars;  Provided ,  that  each  and  every  sick  or  diseased  animal 
so  sold  as  aforesaid,  shall  constitute  a  distinct  and  separate 
offence,  under  the  provisions  of  this  ordinance. 

Sec,  7.  Be  it  further  ordained ,  That  no  butcher  or  other 
person,  shall  sell,  or  expose  to  sale  in  the  market,  any  dead 
flesh  or  fish,  which  was  sick,  overheated,  or  worn  or  run  down 
by  dogs,  at  or  before  the  time  when  the  same  was  butchered 
or  slain,  or  which  hath  died  a  violent  or  natural  death,  out  of 
the  usual  manner  of  slaying  animals,  or  hath  been  killed  by 
accident,  or  casualty,  or  which  is  blown,  stuffed,  or  in  any  Avay 
unsound;  and  no  person  shall  sell  or  expose  to  sale,  any  un¬ 
sound  eggs,  butter,  lard,  or  other  damaged  articles  of  provision; 
and  every  person  so  offending  shall  forfeit  and  pay,  for  the  use 
of  said  city,  a  sum  of  not  less  than  five,  nor  more  than  fifty 
dollars;  Provided ,  that  each  person  to  whom  such  offenders  shall 
have  sold  any  of  said  unsound  articles,  shall  constitute  a  sepa¬ 
rate  and  distinct  offence  in  the  vendor;  Provided ,  also,  that  all 
articles  exhibited  in  market,  as  though  the  same  were  in- 


ORDINANCES. 


97 


tended  for  sale,  whether  the  same  be  sold  or  not,  shall  be,  and 
is  hereby  declared  to  be  an  exposure  of  the  same  for  sale,  with¬ 
in  the  meaning  of  this  ordinance;  and  Provided ,  further ,  that 
if  an  such  offender  shall  be  a  butcher,  owning  or  occupying  a 
stall,  bench  or  block,  in  the  market-house,  he  shall  forfeit  his 
lease  of  said  stall,  bench  or  block,  to  said  city,  and  shall  never 
after  be  permitted  to  occupy  any  stall,  bench  or  block  in  the 
market-house. 

Sec.  8.  Be  it  further  ordained ,  That  no  butcher  or  other 
person,  shall  sell  or  expose  to  sale  in  the  market,  the  flesh  of 
any  bull,  boar,  ram,  dog,  cat,  or  the  flesh  of  any  animal  not 
commonly  deemed  wholesome  or  fit  food,  without  representing 
to  all  persons  wishing  to  purchase,  the  nature  and  true  quali¬ 
ty,  character  and  name  of  such  animal  flesh;  and  every  person 
so  offending  shall  forfeit  and  pay  for  the  use  of  said  city,  for 
each  and  every  offence  the  sum  of  ten  dollars;  and  if  such  of¬ 
fender  be  a  butcher,  and  the  owner  or  occupant  of  a  stall,  bench 
or  block  in  said  market,  he  shall  forfeit  the  same  to  said  city, 
and  shall  be  subject  to  all  the  disabilities  and  penalties  results 
ing  from  such  disabilities  which  are  imposed  on  butchers  by 
this  ordinance. 

Sec.  9.  Be  it  further  ordained ,  That  no  person  or  persons 
whatsoever,  not  being  the  owner  or  occupant  of  a  butcher’s 
stall,  bench  or  block  in  the  market  house,  shall  be  permitted 
to  cut  up  and  sell,  or  offer  for  sale,  any  kind  of  fresh  meat  by 
less  quantity  than  by  the  quarter;  under  the  penalty  of  five 
dollars,  for  the  use  of  said  city,  for  each  and  every  offence. 

Sec.  10.  Be  it  further  ordained ,  That  no  grocer,  huckster^ 
or  any  other  dealer  in  provisions  shall  purchase  at  market 
more  than  ten  pounds  of  butter,  nor  more  than  six  dozen  of 
eggs,  nor  more  than  two  dozen  of  chickens,  nor  more  than  fifty 
pounds  of  bacon  hams,  either  by  themselves  or  agents,  before 
ten  o’clock,  a.  m.,  every  morning,  and  after  four  o’clock  in  the 
evening;  and  all  persons  bringing  butter  to  market  shall  have 
the  same  weighed  and  sold  by  weight,  and  in  no  other  manner 
under  the  penalty  of  not  less  than  one,  nor  more  than  five  dol¬ 
lars,  for  the  use  of  said  city,  for  every  such  offence. 

Sec.  11.  Be  it  further  ordained,  That  no  butcher  or  other 

7 


£8 


ORDINANCES. 


person  whomsoever  shall  sell,  or  expose  for  sale,  without  the 
limits  of  the  market,  any  victuals  or  provisions  of  any  kind, 
which  have  been  before  purchased  from  any  inhabitant  of  the 
country,  bringing  or  who  had  brought  the  same  to  said  city 
for  sale,  or  within  one  mile  thereof  for  sale,  under  the  penalty 
of  ten  dollars,  for  the  use  of  said  city,  for  every  such  offence. 

Sec.  12.  Be  it  further  ordained,  That  no  person  shall  be  al- 
lowed  or  permitted  to  sell,  retail,  give  away,  or  use  any  wine3 
or  spirituous  liquors,  or  any  ale,  beer,  porter,  cider,  or  any 
brewed,  fermented  or  mixed  liquors  or  drinks,  in  or  about  the 
market  house,  or  upon  the  market  lot;  nor  shall  any  person 
be  permitted  to  set  up,  or  keep  in  said  market  house,  or  upon 
the  lot,  any  table,  board,  or  any  contrivance  for  the  purpose  of 
eating  or  drinking  at,  about,  or  on  the  same,  without  the  ex¬ 
press  leave  of  the  Clerk  of  the  Market,  which  leave  shall  not 
extend  beyond  the  regular  market  hours;  nor  shall  any  such 
table,  board  or  contrivance  be  set  up,  or  kept  in  or  upon  any 
other  place  than  such  place  as  shall  be  designate:!  by  said 
clerk;  nor  shall  any  person  be  permitted  or  allowed  to  retail 
or  sell  any  meats,  lisli,  vegetables,  bread  or  breadstuffs,  in  said 
market  house,  or  on  the  lot,  to  be  there  used  or  eaten,  with¬ 
out  leave  of  said  Clerk;  nor  shall  any  person  be  permitted 
or  allowed  to  throw,  place,  or  deposit  in,  or  upon  said  market 
lot,  or  in  the  market  house,  any  melon  rinds  or  parings  nor 
the  rinds  or  parings  of  any  fruit,  potatoes,  turnips,  or  other 
vegetables;  nor  shall  any  person  be  permitted  to  place  or  de¬ 
posit  upon  said  market  lot,  or  in  said  market  house,  any  re¬ 
fuse,  putrid  or  offensive  animal  or  vegetable  matter;  nor  shall 
any  person  be  permitted  to  use  or  smoke  any  pipe  or  cigar  in 
said  market  house,  or  upon  said  market  lot,  during  market 
hours;  nor  shall  any  person  during  market  hours,  kindle,  or 
burn  upon  said  market  lot,  or  in  about  said  market  house,  any 
wood,  turf,  coal,  or  other  matter,  be  kindled  or  burned  on  any 
other  place  on  said  lot,  than  such  place  designated  by  such 
Clerk,;  Provided,  however  that  it  shall  be  lawful  for  any  per¬ 
son,  without  leave,  to  kindle  and  burn  charcoal  upon  said  mar¬ 
ket  lot,  and  in  the  market  house,  in  close  carthcrn  or  stone 
vessels;  Provided t  that  such  vessels,  shall  be.  moveable,,  and 


ORDINANCES. 


99 


shall  only  be  used  as  aforesaid  during  market  hours,  and  at 
such  places  and  in  sucli  manner  as  the  Clerk  may  direct,  and 
so  as  to  produce  no  inconvenience  to  persons  being  and  pass¬ 
ing  in  and  about  the  said  market  house;  and  any  person  of¬ 
fending  against  any  of  the  prohibitions  of  this  section,  shall 
for  each  and  every  separate  offence,  forfeit  and  pay  for  the 
use  of  said  city,  the  sum  of  ten  dollars. 

Sec.  13.  Be  it  farther  ordained ,  That  if  any  person  selling 
any  victuals  or  provision  in  said  market  house,  shall  sell  to 
any  other  person  any  article  by  weight,  by  false  weights,  or 
sell  or  expose  to  sale,  as  having  been  correctly  weighed,  any 
such  article,  and  as  being  of  a  certain  weight,  when  in  truth 
and  in  fact  the  same  shall  fall  short  thereof,  it  shall  be  the  du¬ 
ty  of  the  Clerk  of  the  Market  to  take  such  article  or  articles 
into  his  possession,  and  sell  the  same  at  their  true  weight  for 
the  use  of  said  city;  and  every  person  so  offending  shall  also 
forfeit  and  pay  for  the  use  of  said  city,  not  loss  than  one  nor 
more  than  ten  dollars,  for  every  such  offence. 

Sec.  14.  Be  it  further  ordained ,  That  the  Clerk  of  the  Mar¬ 
ket,  shall  under  the  direction  of  the  Committee  on  Markets, 
form  a  set  of  rules  for  the  government  of  the  market,  which 
rules  shall  exhibit  all  the  prohibitions  and  penalties  contained 
in  this  ordinance;  also  all  regulations  touching  said  market; 
in  a  short  and  condensed  form,  which  rules  shall  be  printed  on 
a  single  sheet  of  good  paper,  in  plain  type,  and  shall  be 
smoothly  pasted  upon  boards  or  canvas,  of  sufficient  size,  and 
two,  at  least,  constantly  hung  up,  one  at  each  end  of  the  mar¬ 
ket  house,  and  others,  if  necessary,  in  the  centre  thereof,  to  be 
kept  and  exhibited  to  all  persons  going  to  said  market. 

Sec.  15.  Be  it  further  ordained,  That  it  shall  be  the  duty 
the  Clerk  of  the  Market  to  execute  permits  to  all  persons,  au¬ 
thorizing  them  to  sell  eggs;  lard,  butter,  cheese,  fish,  poultry, 
wild  game,  fruits  and  vegetables  at  the  market  house,  or  on 
the  streets  and  sidewalks  adjoining  the  same,  according  to  the 
rules  governing  said  market,  upon  the  applicant  paying  to  him 
for  a  stall  in  the  market  house  or  for  a  stand  outside  the  mar¬ 
ket  house  for  the  season,  such  sum  as  the  Committee  on 
Markets  may  direct. 


100 


ORDINANCES. 


Sec.  16.  Be  it  further  ordained ,  That  no  person  or  persons 
shall  sell,  barter  or  exchange  any  eggs,  lard,  butter  cheese, 
poultry,  wild  game,  fruit  or  vegetables,  which  may  have  been 
purchased  by  him  or  them  at  market,  before  the  hour  of  eight 
o’clock,  A.  M.  on  any  day.  All  persons  attending  said  market 
with  any  cart  or  vehicle,  shall  place  the  same  so  that  the  back 
end  thereof  shall  be  towards  and  at  the  side  walk  of  said  mar¬ 
ket,  and  no  such  cart  or  vehicle  shall  stand  lengthwise  of  such 
sidewalk.  Every  person  violating  this  section  shall  forfeit 
and  pay  to  the  city  of  Quincy  not  more  than  ten  nor  less  than 
three  dollars. 

Sec.  17.  Be  it  further  ordained ,  That  it  shall  be  the  duty 
of  the  clerk,  of  the  market  to  keep  a  market  book,  in  which 
he  shall  keep  a  correct  account  of  all  permits  issued  by  him 
showing  the  names  of  the  persons  to  whom  issued,  the  time  the 
same  respectively  run,  the  amount  received  for  each,  the  time 
the  same  issued  and  for  what  purpose,  and  also,  of  all  moneys 
received  by  him  as  Clerk  of  the  Market,  of  whom,  in  what 
amounts  and  when  received;  and  shall  exhibit  the  same  to  the 
city  council  and  make  full  report  to,  and  settlement  with,  the 
city  council  at  each  stated  meeting  thereof.  He  shall  pay  over 
all  moneys  due  the  city  monthly  to  the  city  clerk,  and  take  his 
receipt  therefor,  and  the  same  exhibit  to  the  city  council  on 
settlement  with  them-  For  any  violation  of  this  section  or  of 
any  section  of  this  ordinance,  the  clerk  of  the  market  shall 
forfeit  and  pay  to  the  city  of  Quincy,  not  less  than  three  nor 
more  than  ten  dollars. 

Sec.  18.  Be  it  further  ordained,  That  the  clerk  of  the  mar¬ 
ket  shall  be  provided  with  a  bell,  and  it  shall  be  his  duty  to 
announce,  by  the  ringing  of  the  bell,  the  closing  of  the  market 
hours,  at  least  ten  minutes  before  the  time  of  closing. 

Sec>  19,  Be  it  further  ordained,  That  every  owner  or  lesseo 
of  a  stall  or  stand  in  the  market;  and  every  person  occupying 
a  place  or  stand  in  the  market,  shall  within  thirty  minutes,  af¬ 
ter  the  ringing  of  the  bell,  cause  his  provisions,  wagon,  cart, 
or  other  thing,  to  be  removed  from  the  market,  to  some  conve¬ 
nient  place,  under  the  direction  of  the  Clerk  of  the  Market; 
and  if  the  lessee  of  a  stall  or  stand,  he  shall  cause  the  same  to 


ORDINANCES. 


101 


be  thoroughly  cleansed,  and  all  offal,  garbage  and  rubbish  to 
be  removed  therefrom,  and  each  butcher  shall  cause  his  tables, 
meat  blocks,  and  other  fixtures,  to  be  thorougly  scraped  and 
cleaned  daily. 

Sec.  20.  Be  it  further  ordained,  That  no  provisions  or 
other  things  shall  be  sold  in  the  market,  except  during  market 
hours. 

It  shall  be  the  duty  of  the  clerk  of  the  market  to  cause  the 
market  house  and  market  place  to  be  thoroughly  cleansed  and 
swept  each  day,  and  in  the  winter  season  to  have  the  ice  and 
siio#  swept  from  the  sidewalks  and  steps  as  often  as  may  be 
necessary. 

No  person  not  being  the  lessee  of  a  butcher’s  stall,  shall  sell 
or  offer  for  sale  in  the  market,  any  sausage  or  sausuge  meat; 
and  no  other  person  other  than  farmers,  not  being  the  lessee 
of  a  butcher’s  shall  sell  or  offer  to  sell  in  market,  any  bacon 
hams,  sides  or  shoulders. 

No  person  not  being  the  lessee  of  a  butcher’s  stall,  shall 
sell  or  offer  for  sale  in  the  market,  or  any  place  within  the 
limits  of  the  city,  any  fresh  meat  in  quantities  less  than  one 
quarter. 

No  butcher  or  owner  or  lessee  of  any  stall  or  stand  in  the 
market,  shall  sell  or  offer  for  sale,  any  fresh  meat,  at  any  other 
place  within  the  limits  of  the  city,  except  at  the  market  house, 
and  there  only  during  market  hours. 

Sec.  21.  Be  it  further  ordained ,  That  nothing  in  the  prece¬ 
ding  sections  shall  be  construed  to  prevent  any  farmer  or  pro¬ 
ducer  from  selling  his  meat  by  the  quarter,  or  any  person  who 
follows  the  business  of  packing  beef  or  pork,  from  selling  ba¬ 
con  of  their  own  curing,  or  spare  ribs,  and  sausage  meat  in 
the  winter  months. 

No  person  not  being  the  lessee  of  a  butcher’s  stall,  shall  cut 
and  sell  salted  meat  by  the  small  quantity  in  the  market. 

Sec.  22.  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
the  committee  on  markets  on  the  first  Monday  of  April  in  each 
and  every  year,  to  establish  and  grade  the  prices  upon  butch¬ 
ers’  stalls  in  the  market,  and  on  the  second  Saturday  of  April 
said  committee  shall  proceeed  to  lease  at  public  auction  to  the 


102 


ORDINANCES. 


highest  bidder,  all  the  butchers’  stalls  in  the  market,  after  hav¬ 
ing  given  public  notice  of  the  time  and  place  of  said  leasing. 

Every  person  bidding  of  a  stall,  shall  within  three  days 
thereafter  execute  a  lease  for  said  stall  bid  off  by  him. 'provi¬ 
ded  with  two  or  more  securities,  to  be  approved  by  the  com¬ 
mittee  on  market, s  who  shall  be  jointly  bound  with  the  lessee 
for  the  payment  of  the  rents  of  the  stall,  monthly  in  advance. 

If  the  lessee  of  any  stand  or  stall,  on  demand  being  made, 
shall  fail  or  neglect  to  pay  the  rent  thereof  at  the  time  the 
same  shall  become  due  bv  the  terms  of  the  lease,  such  lease 
shall  be  thereby  forfeited. 

Whenever  any  stall  or  stand  shall  become  vacant,  or  the 
lease  thereof  forfeited,  the  Clerk  of  the  Market  may  proceed 
to  let  the  same  for  the  unexpired  term. 

Sec.  23.  Be  it  further  ordained,  That  every  person  offend¬ 
ing  against  any  of  the  provisions  of  this  ordinance,  shall  for¬ 
feit  and  pay  for  the  use  of  said  city,  a  sum  not  less  than  one 
nor  more  than  twenty-five  dollars  for  cacli  and  every  offence, 
where  not  otherwise  herein  specially  provided. 


NO.  XVII. 

An  Ordmance  relating  to  the  Establishment  and  Maintenance  of 

Ferries. 

Sec.  1.  No  Ferry  to  he  established  and  maintained  without  a  license 
from  the  City  Council  —  penalty. 

2.  Applica  ion  for  license,  how  made — dnty  of  Cify  Clerk,  when 
license  is  granted  —  license  may  he  revoked — payment  for  li¬ 
cense  to  be  made  to  the  City  Clerk,  who  shall  report  the  same 
and  pay  to  Treasurer. 

3.  Persons  licensed,  to  keepgood  Steamboats — ferries  regulated, 
Penalty  for  breach  of  this  section. 

Rates  of  ferriage. 

5.  List  of  rates  to  be  posted  up  on  the  Boat— penalty  for  re¬ 
ceiving  higher  rate. 

6.  Persons  aggrieved,  to  make  complaint  to  Mayor. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  no  person  shall  hereafter  establish  and  maintain 


ORDINANCES-. 


103 


a  ferry  across  the  Mississippi  river  to  and  from  any  point 
within  the  limits  of  said  city,  or  keep  and  use  any  boat  or  oth¬ 
er  craft  for  the  purpose  of  conveying  any  person  or  property 
as  aforesaid  for  hire,  without  having  first  obtained  a  license 
from  the  city  council  therefor;  and  every  person  who  shall  es¬ 
tablish  and  maintain  a  ferry,  or  keep  and  use  any  boat  or  oth¬ 
er  craft  as  aforesaid,  shall  forfeit  and  pay,  for  the  use  of  said 
city,  for  every  such  offence,  a  sum  not  less  than  five  dollars, 
nor  more  than  one  hundred  dollars. 

Sec.  2.  Be  it  further  ordained ,  That  any  person  wishing  to 
establish  and  maintain  a  ferry  as  aforesaid,  shall  make  a  writ¬ 
ten  application  to  the  city  council  for  license  so  to  do;  and  the 
city  council,  if  deemed  expedient,  shall  grant  a  license  to  the 
applicant  on  such  terms  as  they  may  think  proper,  and  the  city 
clerk,  on  the  payment  of  the  terms  so  prescribed,  shall  make 
out  and  deliver  to  said  applicant  a  license  as  aforesaid,,  to  be 
in  force  for  the  term  of  one  year  from  the  date  thereof,  subject 
however,  to  be  revoked  by  the  city  council,  whenever  the  appli¬ 
cant  or  any  person  managing  said  ferry  shall  violate  any  of 
the  provisions,  or  neglect  to  perform  any  of  the  requirements 
of  this  ordinance,  which  condition  shall  be  inserted  in  said  li¬ 
cense.  Every  person  on  such  license  being  granted,  shall  pay 
to  the  city  clerk  the  sum  required  by  the  city  councii  to  be 
paid  therefor,  and  one  dollar  as  fees  to  the  clerk;  and  the  city 
clerk  shall  pay  over  to  the  treasurer  all  such  sums,  exclusive 
of  his  fees,  and  make  report  to  the  city  council  at  the  next 
meeting  after  the  receipt  of  the  same. 

Sec.  3.  Be  it  further  ordained ,  That  every  person  obtain¬ 
ing  a  license  as  aforesaid,  shall  forthwith  provide  and  keep  in 
good  repair,  good  and  sufficint  steamboats  for  the  ready  and 
safe  conveyance  of  persons  and  property  across  the  Mississippi 
river  as  aforesaid,  and  give  due  and  regular  attendance  at  such 
ferry  from  sunrise  until  sunset,  with  a  sufficient  number  of 
hands  to  work  and  manage  such  boats,  and  shall,  without  un¬ 
necessary  delay,  carry  as  aforesaid,  on  application,  at  any 
hour  between  sunrise  and  sunset,  all  persons  and  property  as 
aforesaid,  when  said  river  is  passable;  and  every  person  licens¬ 
ed  as  above,  who  shall  fail  to  comply  with  either  of  the  reqaii- 


m 


ORDINANCES. 


aitions  of  this  section,  shall  forfeit  and  pay  for  the  use  of  said 
city  for  every  such  offence,  a  sum  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

Sec.  4.  Be  it  further  ordained ,  That  every  licensed  ferry 
keeper  may  demand  and  receive  such  fees  as  the  city  council 
may  establish  and  permit  from  time  to  time,  and  that  all 
wagons  or  teams  containing  or  conveying  produce  from  Mis¬ 
souri;  also,  cattle  and  stock  for  the  Quincy  market,  shall  be 
charged  for  crossing  and  return  only  one-half  the  rates  or 
amounts  demanded  in  other  cases  for  the  same  kinds  of  wagons, 
teams,  stock  and  transportation. 

Sec.  5-  Be  it  further  ordained ,  That  it  shall  be  the  duty  of 
every  licensed  keeper  of  a  ferry  to  cause  a  list  of  the  forego¬ 
ing  rates  to  be  posted  and  constantly  kept  up  in  some  conspic¬ 
uous  place  on  his  boat;  and  any  keeper,  or  any  person  in  his 
employment,  who  shall  demand  apd  receive  any  higher  or 
greater  rate  for  conveying  as  aforesaid,  shall  forfeit  and  pay 
for  the  use  of  said  city  for  such  offence,  a  sum  not  less  than 
five  dollars  nor  more  than  ten  dollars. 

Sec.  6.  Be  it  further  or  darned.  That  any  person  aggrieved 
by  any  breach  of  this  ordinance,  or  any  provision  herein  con¬ 
tained,  may  made  complaint  thereof  to  the  Mayor,  who  shall 
cause  suit  to  be  institued  forthwith  for  the  recovery  of  any  pen¬ 
alty  thereunto  annexed. 


NO.  XVIII. 

An  Ordinance  Regidating  the  Measurement  of  Wood. 

Sec.  1.  Firo  Wood  to  be  measured  and  certificate  given  on  request — 
contents  of  each  coru. 

2.  Penalty  for  using  false  certificate. 

3.  Rates  of  fees  for  measuring,  and  how  paid. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy,  That  all  firewood  purchased,  to  be  used  within  said 
city,  by  the  cord,  half  cord,  or  quarter  cord,  shall  be  measured 
by  the  wood  measurer,  and  certificate  thereof  given,  if  requir- 


ORDINANCES. 


105 


cd  by  the  vendor  or  purchaser,  provided  the  same  be  first  piled 
or  corded  up  in  bulk  in  such  order  as  will  admit  of  a  measure¬ 
ment  with  reasonable  accuracy;  and  every  cord  so  measured 
Bliall  contain  one  hundred  and  twenty-eight  feet  cubic  meas¬ 
ure,  when  closely  and  compactly  piled  together. 

Sec.  2.  Be  it  further,  ordained ,  That  any  person  who  shall  for 
the  purpose  of  cheating,  wronging,  or  defrauding  another,  ex¬ 
hibit  or  use  a  certificate  of  the  wood  measurer,  by  making  or 
attempting  to  make  the  same  applicable  to  any  greater  or  les» 
quantity  of  wood,  or  any  other  tnan  the  full  load,  lot  or  par¬ 
cel  for  which  the  same  was  originally  given,  shall  forfeit  and 
pay  for  the  use  of  said  city,  the  sum  of  five  dollars  for  every 
such  offence. 

Sec.  3.  Be  it  further  ordained ,  That  there  shall  be  allowec 
for  services  under  this  ordinance,  the  following  rate  of  fees  : 
One  moity  of  which  is  to  be  paid  by  the  vendor,  and  the  other 
moity  by  the  purchaser,  to-wit :  For  measuring  one  cord  or 
less,  twelve-and-a-half  cents;  for  each  additional  cord,  when 
the  quantity  does  not  exceed  four  cords,  eight  cents;  when  it 
exceeds  four  cords  and  not  exceeding  twelve  cords,  six  cents 
for  each  additional  cord;  when  more  than  twelve  cords,  and 
not  exceeding  twenty  cords,  five  cents  for  each  additional  cord; 
when  it  exceeds  twenty-five  cords,  four  cents  for  each  addi¬ 
tional  cord  after  the  first  cord.  In  addition  to  these  rates,  for 
each  load,  lot  or  parcel  of  wood  measured  at  a  greater  dis¬ 
tance  than  one  square  or  block  from  the  public  square,  and 
from  the  wood  measurer’s  office  or  residence,  and  not  exceed¬ 
ing  one-fourth  of  a  mile  from  said  public  square,  office  or  resi¬ 
dence,  twelve-and-a-half  cents;  a  further  sum,  also,  of  twelve- 
and-a-half  cents  in  all  cases,  where  the  wood  measurer  is  re¬ 
quired  to  go  more  than  one-fourth  of  a  mile  from  said  public 
square,  office  or  residence.. 


106 


ORDINANCES. 


NO.  XIX. 

An  Ordinance  Relating  to  the  Inspection  and  Measurement  of 
Lumber  and  other  Building  Materials ,  and  the  Measurement  of 
Mechanical  Work. 

Sec.  1.  All  Lumber  and  other  Building  Materials  to  be  measured  on 
request,  and  certificates  given. 

2.  Mechanical  work  to  be  measured  on  request,  and  certificate 
given. 

3.  Penalty  for  using  false  certificate. 

4.  Rate  of  fees  for  service  under  this  ordinance. 

Section  1 .  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy,  That  all  lumber  and  other  building  materials  sold  or 
purchased  to  be  used  in  said  city,  shall  be  properly  inspected 
and  measured  by  the  person  selected  by  the  city  Council  for 
that  purpose,  if  cither  party  should  require  it,  and  certificate 
thereof  given,  which  inspection  and  measurement  shall  be  ac¬ 
cording  to  the  judgment  of  the  person  so  selected. 

Sec.  2.  Be  it  further  ordained ,  That  all  mechanical  work, 
done  and  performed  within  said  city,  shall  be  measured  by  the 
person  selected  as  aforesaid,  if  either  party  concerned  should  re¬ 
quire  it,  and  certificate  thereof  given,  which  measurement  shall 
be  in  accordance  with  the  most  approved  mode  of  measuring. 

Sec.  3.  Be  it  further  ordained ,  That  any  person  who  shall, 
for  the  purpose  of  cheating,  wronging  or  defrauding  another, 
exhibit  or  use  a  certificate  of  the  measurer  of  the  foregoing 
materials  and  mechanical  work  of  said  city,  by  making  the 
same  applicable  to  any  greater  or  less  quantity  of  lumber  or 
other  building  materials  or  mechanical  work,  or  any  other  than 
the  materials  or  work  for  which  the  same  were  originally  giv¬ 
en,  shall  forfeit  and  pay,  for  the  use  of  said  city,  the  sum  of 
five  dollars  for  every  such  offence. 

Sec.  4.  Be  it  further  ordained ,  That  there  shall  be  allowed 
for  services  under  the  provisions  of  this  ordinance,  the  follow¬ 
ing  fees,  one  half  of  which  is  to  be  paid  by  each  of  the  con¬ 
tracting  parties,  to  wit :  for  the  inspection  and  measurement 
of  lumber  ten  cents  per  thousand  feet;  for  the  inspection  and 


ORDINANCES. 


107 


measurement  of  building  materials,  fifty  cents  for  one  hour  or 
less,  including  the  time  occupied  in  going  to  the  place  whero 
the  same  arc  deposited,  and  twenty-five  cents  for  each  succeed¬ 
ing  hour. 


NO.  XX. 

An  Ordinance  Relating  to  the  size  of  Bricks. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  all  merchantable  bricks  hereafter  made  to  be 
sold  within  the  city,  in  the  ordinary  course  of  manufacture 
and  sale,  and  to  be  used  therein,  shall  be  eight  and  a  half 
inches  long,  four  and  a  fourth  inches  wide,  and  two  and  a 
fourth  inches  thick  when  moulded;  and  every  person  who 
shall  manufacture  or  shall  sell  as  aforesaid,  any  bricks  of  less 
dimensions  than  aforesaid,  shall  forfeit  and  pay  to  the  city,  for 
each  offence,  not  less  than  one,  nor  more  than  one  hundred 
dollars. 


NO.  XXL 

An  Ordinance  Regulating  the  Storage  of  Gunpowder. 

Sec.  1.  Limitation  of  quantity  of  Gunpowder  to  be  kept  in  stores,  &o . 

2.  Such  quantity  how  keot. 

3.  Penalty  for  violations  of  first  and  second  sections. 

4.  Mayor  in  certain  cases  may  issue  a  search  warrant. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  no  store  or  shop-keeper,  or  other  person,  shall 
keep  at  the  same  time  in  any  house,  shop,  store,  cellar  or 
warehouse,  or  in  any  boat,  within  the  limits  of  said  city,  more 
than  thirty  pounds  of  gunpowder. 

Sec.  2.  Be  it  further  ordained ,  That  the  aforesaid  quantity 
of  powder,  allowed  to  be  kept  within  the  limits  of  said  city, 
shall  be  kept  in  close  tin  four-pound  canisters,  and  in  a  good 
*nd  safe  place. 


108 


ORDINANCES., 


Sec.  3.  Be  it  further  ordained ,  That  every  person  offending 
against  either  of  the  foregoing  provisions,  shall  forfeit  and 
pay  the  sum  of  twenty-five  dollars,  for  the  use  of  said  city. 

Sec.  4.  Be  it  further  ordained ,  That  it  shall  be  lawful  for  the 
Mayor,  whenever  he  shall  be  informed,  upon  oath  that  there 
is  probable  cause  to  suspect  any  person  of  concealing  or  keep¬ 
ing  within  said  city,  any  quantity  of  gunpowder  over  and 
above  thirty  pounds  as  aforesaid,  to  issue  a  search  warrant  to 
examine  into  the  truth  of  such  allegation  or  suspicion,  and 
search  any  place  whatever  therein. 


NO.  XXII. 

An  Ordinance  Relating  to  the  Poor . 

Sec.  1.  Who  entitled  to  aid. 

2.  Certain  relatives  required  to  support  poor  relations — order 
of  liability— penalty  for  neglect  to  support,  when  able. 

3.  Provisions  for  minors,  chargeable  to  the  city. 

4.  Proceedings  in  cases  of  non-resident  Poor. 

5.  “  to  be  had  by  Overseer,  on  application  from  per¬ 
sons  not  entitled  to  aid  by  reason  of  non-residence. 

6.  Overseer  to  take  charge  of  Poor  on  notice,  &c. 

7.  Poor  persons,  when  to  be  discharged — their  ability  to  refund 
expenses  defrayed  by  the  city. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy ,  That  every  poor  person,  who  shall  have  resided  with¬ 
in  the  limits  of  said  city  twelve  months,  and  who  shall  be  un¬ 
able  to  earn  a  livelihood  in  consequence  of  any  bodily  infirmi¬ 
ty,  idiocy,  lunacy,  or  other  unavoidable  cause,  shall  be  entitled 
to  receive  from  said  city  such  food,  clothing,  fuel,  medical  and 
other  aid  in  sickness,  as  the  overseer  of  the  poor  may  deem 
necessary,  in  case  of  the  neglect  or  refusal  of  the  father, 
grand-father,  mother,  grand-mother,  children,  grand-children, 
brothers  or  sisters  of  such  poor  persons,  to-  make  the  necessary 
provision  for  them. 

Sec.  2.  Be  it  further  ordained ,  That  all  relatives  of  such  poor 
persons,  if  they  or  either  of  them  shall  be  of  sufficient  ability  to 


ORDINANCES. 


109 


support  them,  are  hereby  required  to  make  the  necessary  pro¬ 
vision  for  them,  and  shall  be  notified  by  the  overseer  of  the 
poor  in  the  order  following,  to  wit :  The  children  shall  first  be 
notified  to  support  their  parents,  if  there  be  children  of  suffi¬ 
cient  ability;  if  there  be  none  of  sufficient  ability,  then  the 
parents;  if  there  be  no  such  parents,  then  the  brothers  and 
sisters;  if  there  be  no  such  brothers  or  sisters,  then  the  grand¬ 
children;  if  there  be  no  such  grand-children,  then  the  grand 
parents  shall  be  notified :  Provided ,  that  married  females, 
whilst  their  husbands  live,  shall  not  be  liable  to  a  suit  under 
this  ordinance :  and  any  relative  of  such  poor  persou,  who 
shall  neglect  or  refuse  to  render  such  aid  after  being  notified 
as  aforesaid,  and  being  of  sufficient  ability  to  do  so,  shall  be 
liable  to  said  city  for  all  necessary  expenses  incurred  by  said 
city  for  the  support  of  such  poor  persons  :  Provided ,  that  when 
any  persons  become  paupers  from  intemperance,  or  other  bad 
conduct,  they  shall  not  be  entitled  to  any  support  from  any 
relative  except  parent  or  child. 

Sec.  3.  Be  it  further  ordained ,  That  when  any  minor  shall  be- 
come,  or  likely  to  become  chargeable  to  said  city,  either  be¬ 
cause  of  being  an  orphan,  or  because  the  parents  or  other  rela¬ 
tives  are  unable  or  refuse  to  support  such  minor,  it  shall  be 
the  duty  of  the  overseer  of  the  poor,  under  the  direction  of 
the  city  council  on  his  representation,  to  bind  such  minor  as 
an  apprentice  to  some  respectable  householder  of  the  city  or. 
county  by  written  indenture,  which  shall  bind  such  minor  to 
serve  as  an  apprentice,  and  shall  in  all  respects  be  in  tenor 
and  effect  as  required  by  the  laws  of  this  State  concerning 
apprentices. 

Sec,  4.  Be  it  further  ordained ,  That  when  any  non-resident 
or  person  not  coming  within  the  definition  of  a  pauper,  who 
shall  fall  sick  or  die  in  said  city,  not  having  money  or  proper¬ 
ty  to  pay  his  board,  nursing  and  medical  aid,  it  shall  be  the 
duty  of  the  overseer  of  the  poor,  upon  application  of  any  in¬ 
habitant  of  said  city,  to  give  or  order  to  be  given  such  assistance 
to  such  poor  person  as  he  may  deem  just  and  necessary;  and 
if  said  sick  person  shall  die,  then  said  overseer  of  the  poor 
shall  give,  or  order  to  be  given  to  such  person  a  decent  burial; 


no 


ORDINANCES. 


and  all  bills  of  expense  occurring  under  this  section,  shall  be 
by  him  presented  to  the  city  council  for  approval. 

Sec.  5.  Be  it  further  ordained ,  That  whenever  any  applica¬ 
tion  is  made  to  the  overseer  for  relief,  and  it  shall  appear  to 
him  that  the  person  requiring  relief  has  not  resided  in  said  city 
for  twelve  months  prior  to  such  application,  he  shall,  under  the 
direction  of  the  city  council,  proceed  to  remove  from  said  city 
such  poor  person,  at  the  expense  of  said  city,  to  the  county  or 
State  where  such  poor  person  may  have  had  his  or  her  last 
place  of  residence;  or  said  overseer  of  the  poor  may  notify 
such  poor  persons  to  leave  said  city  forthwith,  and  no  person 
so  notified  shall  be  entitled  to  relief  from  said  citv. 

Sec.  6.  Be  it  further  ordained,  That  the  overseer  of  the  poor, 
on  application  for  relief  of  any  poor  person,  shall  immediately 
cause  such  person,  if  entitled  to  relief  under  the  provisions  of 
this  ordinance,  to  be  removed  to  such  place  as  may  be  provi¬ 
ded  by  the  city  council  for  the  use  of  such  poor  persons,  unless 
he  may  deem  such  removal  inexpedient,  in  which  case  such 
poor  person  shall  be  supported  by  the  city  in  such  place  as  the 
said  overseer  may  direct. 

Sec.  7.  Be  it  further  ordained,  That  all  persons  receiving  aid 
from  said  city  shall  receive  no  further  aid  after  such  person, 
in  the  opinion  of  the  attending  physician,  or  the  overseer  of  the 
poor,  become  able  to  support  themselves,  and  should  such  per¬ 
sons  thereafter  become  able  to  pay  any  expense  incurred  by 
said  city  in  extending  relief  to  them,  they  shall  be  liable  to 
fond  the  amount  of  such  expense  to  said  city 


ORDINANCES. 


Ill 


NO.  XXIII. 

An  Ordinance  'providing  for  the  Subscription  to  the  Capital  Stock 
of  the  Northern  Cross  Rail  Road  Company  and  for  other 
purposes * 

Sec.  1.  Mayor  authorized  to  subscribe. 

2.  To  issue  bonds.  How  issued.  Bonds  payable  to  Company.— 
Rate  of  interest,  and  wheo  payable. 

3.  Shall  be  delivered  to  Company  in  payment  of  stock. 

4.  Tax  to  be  levied.  Interest  paid. 

5.  Tax  to  be  kept  separate. 

6.  Tax  pledged  to  pavmentof  interest.  Sale  of  stock  and  divi¬ 
dends  to  go  to  liquidation  of  bonds. 

7.  Bonds  may  be  exchange  !  for  stock. 

8.  Mayor  to  cast  vote  of  city  at  Company  election. 

Whereas,  by  the  provisions  of  an  act  entitled  an  act  supple¬ 
mental  to  an  act  entitled  ‘  An  Act  to  provide  for  a  General 
System  of  Railroad  Incorporations,”  approved  November  6th, 
a.  D.  1849,  notice  was  given  on  tlic  21th  day  of  January,  a.  d. 
1851,  at  the  usual  places  of  voting  in  the  city  of  Quincy,  to 
ascertain  the  wishes  of  a  majority  of  the  people  in  reference  to 
the  subscription  by  the  common  council  of  said  city  to  the 
capital  stock  of  that  portion  of  the  Northern  Cross  Railroad, 
lying  between  the  Illinois  and  Mississippi  rivers.,  to  the 
amount  of  one  hundred  thousand  dollars,  to  be  paid  in  bonds 
of  said  city;  having  twenty  years  to  run,  and  bearing  an  annual 
tax  of  six  per  cent,  payable  scmi-annully. 

And  Whereas,  said  election  was  held  agreeably  to  said  no¬ 
tice,  and  the  act  aforesaid,  and  the  returns  thereof  in  due  form 
made  to  the  city  council,  who  canvased  the  same  at  their  regu¬ 
lar  meeting  held  on  the  3d  day  of  March,  a.  d.  1851,  when  it 
appeared  that  there  had  been  cast,  “For  Subscription,”  one 
thousand  and  seventy-four  votes,  “Against  Subscription,”  nine¬ 
teen  votes.  The  number  of  votes  given  for  subscription  being 
nearly  equal  to  the  entire  vote  polled  at  the  last  general  elec¬ 
tion  in  said  city,  and  a  much  larger  vote  than  that  required  by 
the  act  aforesaid  to  authorize  said  subscription  of  one  hundred 
thousand  dollars.. 


112 


ORDINANCES. 


Now,  Therefore,  Be  it  ordained  by  the  City  Council ,  of  the 
City  of  Quincy,  as  follows  : 

Section  1.  That  the  Mayor  is  hereby  empowered,  author¬ 
ized  and  directed  to  subscribe,  in  the  sum  of  one  hundred  thou¬ 
sand  dollars,  to  the  capital  stock  of  the  Northern  Cross  Rail¬ 
road  Company,  having  the  management  of  that  portion  of  the 
said  Northern  Cross  Railroad  extending  from  the  Mississippi 
to  the  Illinois  river,  on  behalf  and  in  the  name  of  said  city; 
by  which  said  act  of  its  chief  executive  officer,  the  faith  of  said 
city  shall  be  irrevocably  pledged  to  said  company  in  the  sum 
of  one  hundred  thousand  dollars. 

Sec.  2.  That  whenever  a  regular  assessment  shall  be  lev¬ 
ied,  and  made  payable  upon  the  stockholders  of  the  said  North¬ 
ern  Cross  Railroad  Company,  the  Mayor  and  city  clerk  for 
the  time  being,  shall  execute  the  bonds  of  said  city,  for  the 
sum  of  one  thousand  dollars  each,  for  the  amount  so  assessed 
:upon  the  stock  so  subscribed  by  said  city,  signed  by  the  Mayor 
and  countersigned  by  the  city  clerk,  with  the  corporate  seal  of 
said  city  affixed — all  of  which  said  bonds  shall  be  dated  on 
the  first  day  of  July,  or  on  the  first  of  January,  in  the  year  in 
which  they  shall  be  issued,  and  shall  be  made  due  and  payable 
twenty  years  from  the  date  thereof. 

The  said  bonds  shall  be  made  payable  to  the  “  President, 
Directors  and  Company  of  the  Northern  Cross  Railroad 
Company,”  principal  and  interest  at  the  Phoenix  Bank  in  the 
city  of  New  York — and  shall  bear  interest  at  the  rate  of  six 
per  cent,  per  annum,  payable  semi-annually,  and  for  which 
coupons  bearing  same  date  as  the  bonds  aforesaid,  signed  by 
the  Mayor,  shall  be  attached;  said  bonds  shall  in  other  re¬ 
spects  be  in  the  usual  form,  and  shall  be  entitled  “  Northern 
Cross  Railroad  Bonds,’''  upon  the  backs  of  which  this  ordi¬ 
nance  authorizing  their  issue  shall  he  printed. 

Sec.  3.  That  the  said  bonds,  when  executed  as  provided  in 
the  preceding  section,  shall  be  delivered  to  the  directors  of 
the  Northern  Cross  Railroad  Company,  in  payment  of  the 
subscription  by  said  city  to  the  capital  stock  of  said  company, 
as  the  city  council  may  from  time  direct. 

Sec.  4.  Be  it  further  ordained ,  That  an  annual  tax  shall  be 


ORDINANCES. 


m 


levied  by  said  council  on  the  assessed  value  of  all  the  real  es- 
tatc  within  the  limits  of  said  city,  and  all  the  personal  proper* 
ty  of  the  inhabitants  thereof,  sufficient  to  pay  the  interest  for 
one  year  on  all  paid  bonds  so  issued  and  delivered  to  the  direc* 
tors  of  said  company,  after  deducting  such  dividends  on  said 
stock  as  may  from  time  to  time  be  made  to  said  city  by  said 
company,  said  dividends,  so  far  as  the  same  may  extend,  to  be 
applied  to  the  payment  of  said  interest.  And  when  said  coun¬ 
cil  shall  have  made  such  levy,  it  shall  be  the  duty  of  the  city 
council  to  extend  the  same  on  the  collector’s  books  for  the 
year  in  which  said  levy  shall  be  made,  and  in  a  separate  col¬ 
umn,  to  be  denominated  “railroad  tax,”  which  tax  shall  be  col¬ 
lected  in  the  same  manner  as  the  other  taxes  of  said  city;  and 
the  payment  thereof  to  be  enforced  by  the  same  regulations 
and  provisions  of  statute  and  ordinance  as  obtain  in  reference 
to  all  other  taxes  of  said  city. 

Sec.  5.  That  it  shall  be  the  duty  of  the  Treasurer  of  said 
city  to  keep  all  moneys  arising  from  the  collection  of  said  rail¬ 
road  tax,  separate  and  apart  from  the  ordinary  funds  of  said 
city,  to  be  paid  out  by  him  on  the  order  of  the  Mayor,  counter 
signed  by  the  city  clerk,  to  the  satisfaction  and  payment  of 
the  interest  semi-annually  accruing  and  due  on  said  bonds,  and 
for  no  other  purpose  or  purposes  whatsoever. 

Sec.  6.  That  the  railroad  stock  of  which  said  city  shall 
become  seized  and  possessed  by  the  subscription  herein  before 
provided  for,  and  all  dividends  arising  therefrom,  are  hereby 
pledged  and  set  apart  to  the  payment  of  the  principal  and  in¬ 
terest  of  the  bonds  of  said  city,  issued  for  and  in  payment  of 
said  subscription;  and  whenever  any  of  said  railroad  stock 
ah  all  be  sold  by  said  city,  the  proceeds  of  every  such  sale  shall 
be  applied  forthwith  to  the  redemption  of  said  bonds,  so  far 
as  the  same  may  extend  thereunto,  and  for  no  other  purpose 
whatsoever. 

Sec.  7.  That  any  owner  or  holder  of  any  or  all  said  city 
bonds  may  at  any  time  deposit  the  same  with  said  city,  and  re¬ 
ceive  in  exchange  therefor  an  equal  amount  of  railroad  stock; 
Provided ,  the  application  for  such  exchange  shall  be  made  be- 


8 


114 


ORDINANCES. 


fore  said  city  shall  have  sold  or  otherwise  disposed  of  said  rail¬ 
road  stock,  so  applied  for. 

Sec.  8.  Be  it  further  ordained ,  That  at  all  elections  of  di¬ 
rectors  for  said  Northern  Cross  Railroad  Company*  or  other 
elections  in  which  the  stock  holders  of  said  company,  by  the 
rules  and  regulations  thereof,  are 'authorized  or  entitled  to 
vote,  such  vote  or  votes  as  said  city  of  Quincy  may  be  entitled 
to  cast,  by  virtue  of  her  said  subscription  of  one  hundred  thou¬ 
sand  dollars,  shall  be  thrown  on 'behalf  of  said  city  by  the 
Mayor-  for  the  time  being,  or  such  other  person  or  persons 
as  the  city  council  of  said  city  may  designate  for  such  pur- 
pose,  or  by  such  proxy  or  proxies  as  may  by  him  or  them 
so  designated  by  said  council,  be  appointed  in  accordance  with 
the  by-laws  of  said  empany;  said  stock  of  said  city  to  be  repre¬ 
sented  by  her  delegated  authority  in  the  same  manner  and  to 
the  same  extent,  subject  also  to  the  same  restrictions  as  stock 
owned  and  represented  by  individuals  in  said  company. 


NO:  XXIV. 

An  Ordinance  Concerning  the  Police  Magistrate’s  Court  and  Reg- 

ulating  the  Proceedings  therein. 

Sec.  1.  Prosecution?  how  commenced. 

2.  Prosecution  may  include  several,  and  shall  not  he  dismissed 
for  want  of  form. 

3.  Summons,  form  of  same.  Service  and  return. 

4.  Special  service  of  summons. 

5.  May  l»e  served  by  copy,  or  by  posting  in  certain  cases. 

G.  Capias  may  issue;  form  of  capais.  Defendant  may  give  hail; 
form  of  bail  bond.  Breach  of  bond. 

7.  Proceedings  against  bail. 

8.  Officers  to  be  governed  by  State  Laws. 

9.  Officers  competent  witnesses. 

10.  Garnishee  process. 

11.  Parents,  guardians,  masters,  &c.,  of  minors  liable  for  fines,  to 
be  notified. 

12.  Persons  arrested  without  warrant,  officer  to  report  facts. 

13.  Officer  omitting  to  attend  as  witness,  may  be  attached.. 


ORDINANCES. 


115 


14.  Persons  under  arrest  entitled  to  trial.  Case  may  be  continued. 

15.  Biil  given  on  continuanee.  Breach  of  bail  bond. 

1G.  Defendant  refusing  to  give  b  ul  on  continuance,  to  be  commib- 
ed.  Police  Mag.  to  issue  commitment.  Time  of  continuance. 

17.  Marshal  to  bring  persons  under  arrest  before  Court. 

18.  All  motions  to  dismiss  and  for  continuance  to  be  made  in 
writing. 

19.  Defendant  failing  to  appear,  judgment  by  default  may  be  en¬ 
tered. 

20.  Police  Magistrate  may  issue  attachment  and  punish  contempt. 

21.  Depositions  may  be  taken. 

22.  Jury  may  be  demanded. 

23.  Executions  to  be  issued;  form  of  same. 

24.  Defendant  committed  for  want  of  property,  and  time  of  im¬ 
prisonment. 

23.  Who  may  make  affidavit  of  complaint. 

26.  Sessions  of  Court. 

27.  Absence  of  Police  Magistrate  to  continue  cases.  Hold  to  bail 
or  commit. 

28.  Appeals  may -be  taken. 

29.  Costs  and  fees  of  Police  Magistrate’s  Court.  Costs  to  be  col¬ 
lected  off  defendant  convicted.  Costs  to  be  paid  by  city,  but 
not  to  exceed  penalties  cdiec&ed.  How  penalties  ascertained 
and  applied  to  costs. 

30.  Police  Magistrate’s  costs  when  acting  as  Justice  of  the  Feace. 
11  i s  costs  under  the  Ordinances. 

31.  Marshal,  Police  Constable’s  costs  to  pay  over  to  Police  Mag¬ 
istrate. 

32.  Witnesses  costs.  To  be  paid  by  city.  Defendant  to  pay,  and 
if  required,  city  to  pay. 

33.  Jurors  Costs.  Party  demanding  Jury  to  advance  fee.  Incase 
of  acquittal,  returned  to  defendant  and  city  to  pay. 

34.  Cipias.  Ad  respondendum ,  form  of. 

35.  Special  bail  not  to  be  taken. 

36.  Judgment.  Execution.  Commitment. 

37.  Labor  on  Streets.  Custody  of. 

38.  Explanatory  of. 

39.  Police  Migistrate,  Constable  and  Marshal  to  be  governed  by 
State  laws,  where  no  provision  by  Ordinance. 

40.  Prosecutor  to  pay  costs,  if ‘prosecution  malicious. 

Section’  1.  Be  it  ordained  by 'the  City  Council  of  the  city  cf 
Quincy ,  That  penalties  for  violations  of  any  ordinance  shall  be 
recoverable  by  suit,  in  the  nature  of  an  action  of  debt,  before  the 
Bolicc  Magistrate's  Court;  and  suits  shall  be  commenced,  (except 


116 


ORDINANCES. 


\ 


in  cases  otherwise  provided  for  by  ordinance  or  the  city  charter,) 
by  the  filing  with  the  Police  Magistrate  a  statement,  signed 
by  the  city  Attorney,  the  Mayor,  the  Marshal,  the  Clerk,  any 
police  officer,  or  any  responsible  citizen  of  Quincy;  which 
statement  shall  be  in  form,  substantially  as  follows  : 

A.  B.  to  the  city  of  Quincy,  Dr.  To  dollars  for 

breach  of  ordinance,  (here  insert  the  title  thereof,)  passed  the 
day  ,  A.  D.  185  ,  in  this  to-wit  (here 

describe  the  particular  breach  in  the  language  of  the  ordi- 
dinance,)  between  the  day  of  ,  A.  D.  185  ,  and 

the  day  of  A.  D.  185  . 

(Signed,)  C.  D. 

Sec.  2.  No  suit  shall  be  dismissed  for  any  defects  of  form 
in  the  statement,  if  it  substantially  sets  forth  the  nature  of  the 
violation  alleged.  The  statement  may  include  several  persons 
charged  with  the  same  violation. 

Sec.  3.  Upon  the  statement  being  filed  with  the  Police 
Magistrate,  or  when  made  out  by  him  upon  the  information  of 
any  officer  or  citizen,  he  shall  fill  up,  seal  and  attest,  and  sign  a 
summons  in  the  following  form,  as  nearly  as  circumstances 
will  admit. 

State  of  Illinois,  )  ss. 

City  of  Quincy,  and  Couunty  of  Adams,  f  The  people  of  the 

State  of  Illinois  to  the  Marshal  or  Police  Constable  of  the  city 
of  Quincy,  or  any  Constable  of  Adams  county,  greeting: 

You  are  hereby  commanded  to  summon  A.  B.  to  appear  be¬ 
fore  me,  the  undersigned,  Police  Magistrate  of  the  city  of 
Quincy,  at  my  office  on  the  day  of 

A.  D.  185  ,  at  o’clock  M.,  to  answer  the 

complaint  of  the  city  of  Quincy,  in  a  plea  of  debt  for  a  failure 
to  pay  to  said  city,  a  fine,  forfeiture  or  penalty  of 
dollars,  for  a  breach  of  an  ordinance  of  said  city,  (here  insert 
the  title)  passed  the  day  of  ,  A.  D.  185  ,  in  this 

to-wit :  (here  describe  the  particular  breach  in  the  ordinance 
as  set  forth  in  the  written  statement,)  and  thereof  make  due 
return  as  the  law  directs.  Given  under  my  hand  and  seal  at 
my  office  in  Quincy,  the  day  of  A.  D.  185  , 

Police  Magistrate,  [l.  s.] 

Which  summons  may  be  returnable  on  any  day,  (Sundays’ 


ORDINANCES. 


117 


oxccpted,)  within  fifteen  days,  and  not  within  five  days  from 
its  date:  and  the  same  must  be  served  at  least  three  davs  be- 

7  * 

fore  the  day  set  for  trial. 

Sec.  4.  That  every  summons  for  breach  of  any  ordinance, 
issued  by  the  Police  Magistrate,  shall  be  served  by  reading  the 
same  in  the  hearing  of  the  defendant  or  defendants,  if  he  or 
they  will  remain  to  hear  it  read;  but  if  he  or  they  refuse  to 
hear  such  summons  read,  or  absent  him  or  themselves  after 
said  summons  has  been  produced  to  be  read,  and  the  contents 
or  objects  thereof  mentioned  to  him  or  them,  such  offer  on  the 
part  of  the  officer  in  such  cases,  shall  be  deemed  and  taken  to 
be  a  sufficient  service  of  such  summons,  which  facts  shall  be 
specially  stated  by  the  officer  in  his  return  on  said  summons. 

Sec.  5.  That  when  any  defendant  shall  absent  or  conceal 
himself,  or  shall  be  absent,  or  a  non-resident  in  said  city,  the 
summons  aforesaid  against  such  person,  may  be  served  by 
leaving  a  copy  thereof  at  his  residence  or  usual  place  of  abode, 
with  any  white  person  of  the  family  in  which  he  resides,  over 
the  age  of  fifteen  vears,  at  least  three  days  before  the  day  set 
for  trial  in  such  summons;  but  if  such  person  have  no  house, 
family,  or  known  place  of  abode  in  said  city,  whereat  service 
of  a  copy  can  be  made  as  aforesaid,  it  shall  be  lawful  for  the 
officer  charged  with  the  summons,  to  stick  up  a  copy  of  such 
summons  on  the  front  of  the  Court  House  in  said  city,  which 
shall  be  deemed  and  taken  to  be  a  sufficient  service  of  any 
summons  within  the  meaning  of  this  ordinance. 

Sec.  6.  Be  it  further  ordained ,  That  if  any  credible  person, 
as  agent  of  said  city,  shall  make  oath  that  there  is  danger  that 
the  debt  or  claim  of  said  city  will  be  lost,  unless  the  said  de¬ 
fendant  be  held  to  bail,  and  shall  also  state,  under  oath,  the 
cause  of  such  danger,  so  as  to  satisfy  the  Police  Magistrate 
that  there  is  reason  to  apprehend  such  loss,  and  shall  file  the 
written  charge  or  statement  required  by  the  fourth  section  of 
this  ordinance,  it  shall  be  the  duty  of  the  Police  Magistrate  to 
issue  a  capias  to  apprehend  such  offender,  which  shall  be,  as 
nearly  as  circumstances  will  admit,  in  the  following  form, 
to-wit : 


ORDINANCES. 


ITS 

State  of  Illinois.  Adams  county,  ) 

City  of  Quincy.  j  fc'fc"  The  people  of  the  State 

of  Illinois,  to  the  Marshal  of  the  city  of  Quincy,  or  any'Con- 
stable  of  Adams  county,  greeting  : 

You  are  hereby  commanded  to  take  the  body  of  A.  B.,  and 
bring  him  forthwith  before  me,  the  undersigned  Police  Magis¬ 
trate  of  said  city,  unless  special  bail  be  entered;  and  if  such 
bail  be  entered,  you  will  then  command  him  to  appear  before 
me,  at  my  office,  on  day  of  a.  d.  185  ,  at 

o’clock,  ,  to  answer  the  complaint  of  the  city  of  Quincy, 

in  a  plea  of  debt,  for  a  failure  to  pay  to  said  city  a  fine,  for¬ 
feiture  or  penalty  of  dollars,  for'  a  breach  of  an  ordi¬ 
nance  of  said  city,  entitled  [here  insert  the  title  thereof,]  pas¬ 
sed  the  day  of  a.  d.  185  ,  in  this,  to-wit :  [here 

describe 'the  particular  breach  in  the  language  of  the  ordi¬ 
nance,  and  as -set  forth  in  the  written  charge  or  statement,] 
and  make  due  return  as  the  law  directs.  :  Given  under  my 
hand  and  seal,  at  my  office  in  Quincy,  this  day  of 

a.  d.  185  .  C.  I).,  [seal.] 

Police  Magistrate. 

And  in  all  cases  the  defendant  shall  have  the  right  to  release 
his  body  arrested  by  virtue  of  such  process,  by  giving  special 
bail  to  the  officer  executing  the  same,*  which  shall  be  endorsed 
on  the  back  of  the  capias,  in  the  following  form,  as  nearly  as 
the  case  will  admit,  to-wit:  I,  E.  F.,  acknowledge  myself 
special  bail  for  the  within  named  A.  B.  Witness  my  hand 
this  day  of  a.  d.  185  ,  E.  F.,  which  endorse¬ 

ment  shall  be  signed  by  one  or  more  sureties,  to  be  approved 
by  the  officer  executing  the  writ,  and  the  liabilities  which  shall 
attach  to  such  security  or  bail  in  such  case,  shall  be  as  follows, 
to  wit :  If  the  defendant  shall  not  personally  appear ‘before 
the  said  Police  Magistrate’s  Court  as  required,  on  the  day  set 
for  trial,  and  if  he  shall  fail  to  pay  whatever  judgment  may  be 
obtained  against  him,  or  shall  not  surrender  his  body  in  exe¬ 
cution,  when  charged,  within  thirty  days  from  the  judgment, 
then,  and  in  such  case,  the  bail  shall  pay  the  judgment  and 
V  costs. 


ORDINANCES. 


11$ 

Sec.  7.  In  all  cases  where  a  party  is  arrested  without  a 
writ,  and  who  gives  a  recognizance  as  is  provided  in  section 
twelve,  of  “An  ordinance  establishing  and  regulating  the 
police  department,”  and  in  all  such  cases -as  are  provided 
for  in  the  preceding  section,  where  the  recognizance  or  bail  is 
forfeited,  it  shall  be  the  duty  of  the  Police  Magistrate  to  note 
on  the  papers  the  forfeiture,  and  to  issue  a  summons  against 
the  party  or  parties  liable  in  behalf  of  the  city  of  Quincy,  and 
upon  trial,  to  give  judgment  against  the  defendant  or  defend- 
fendants  so  liable,  according  to  the  provisions  of  this  ordi¬ 
nance;  but  allowing  the  same  defence  that  is  allowed  for  the 
non-appearance  of  the  principal  that  is  allowed  under  the  gen¬ 
eral  laws  of  the  State,  in  like  proceedings  before  justices  of 
the  peace.  .The  summons  to  be  issued  in  such  case,  in  form  to 
be  as  nearly  as  possible  like  the  summons  in  the  preceding  sec¬ 
tion  six  herein;  but  said  summons  shall  be  considered  good  if 

it  substantially  set  forth  the  nature  of  the  cause  of  action. 

/ 

Sec.  8.  'That  the  officer  who  shall  execute  any  writ  or 
other  process  issued  by  the  Police  Magistrate,  shall,  unless 
otherwise  directed  by  this  or  some  other  ordinance  of  said  city, 
proceed  in  the  execution  of  his  duty  in  the  same  maimer  as 
constables  are  required  to  proceed  under  the  laws  of  this 
State,  and- the  Police  Magistrate  in  issuing  process  and  on  the 
return  thereof,  shall,  unless  otherwise  directed  by  this  or  some 
other  ordinance  of  said  city,  be  governed  by  the  laws  of  this 
State,  appertaining  to  like  proceedings  before  other  justices 
of  the  peace. 

Sec.  9.  That  in  all  prosecutions  in  behalf  of  the  said  city, 
any  officer  thereof  is  hereby  made  a  competent  witness,  not¬ 
withstanding  such  officer  may  be  entitled  to  a  portion  of  the 
fine,  forfeiture  or  penalty  sued  for,  or  to  a  fee  from  the  same. 

Sec.  10.  That  whenever  any  execution  in  which  said  city 
is  plaintiff,  shall  be  returned  by  the  officer  charged  with  the 
service  of  the  same,  “No  property  found,”  the  Police  Magistrate 
may,  upon  oath  being  made,  as  in  similar  cases  before  the  jus¬ 
tices  of.  the.  peace;  by  any  officer  of  said  city,  or  by  any  citizen, 
issue  a  garnishee  process  under  the  provisions  of  the  laws  of 


120 


ORDINANCES. 


this  State,  and  every  such  officer,  for  such  purpose,  shall  be 
deemed  and  taken  to  be  the  agent  of  said  city. 

Sec.  11..  That  parents,  guardians,  masters  and  mistresses, 
shall  be  bound  for  the  payment  of  any  tine,  forfeiture  or  pen¬ 
alty  assessed  against  any  minor  under  their  respective  care  or 
charge  under  the  provisions  of  any  ordinance  of  said  city,  and 
execution  shall  issue  thereon  as  in  other  cases.  Provided ,  it 
shall  be  the  duty  of  the  Marshal  or  Constable  to  notify  any 
such  parent,  guardian,  master  or  mistress  of  such  minor,  if  they 
arc  known,  of  the  time  and  place  of  trial  for  any  violation  of 
ordinance,  and  in  case  such  parent,  guardian  or  master  is  not 
known,  or  resident  of  the  city,  the  Marshal  or  other  officer, 
shall,  in  his  return  or  statement,  make  known  such  fact. 

Sec.  12.  No  summons  or  warrant  shall  issue  against  a 
person  who  shall  have  been  lawfully  arrested  and  brought 
before  the  Police  Magistrate  without  a  warrant;  or  in  case 
where  the  party  has  been  arrested  without  warrant,  and  shall 
have  given  bail;  but  in  such  case,  a  trial  shall  be  had  upon  a 
written  report  to  be  made  by  the  officer  making  the  arrest. 
The  Police  Magistrate  shall  in  all  such  cases,  where  the  party 
is  present,  note  the  fact  of  his  appearance,  and  proceed  to  hear 
and  determine  the  case  in  the  same  manner  as  if  a  summons  or 
warrant  had  been  issued;  and  in  all  cases  where  the  officer 
making  the  arrest  fails  to  fde  the  report,  if  the  defendant 
consent,  the  cause  may  proceed  without  it;  but  if  he  or  she  de¬ 
mands  said  report,  the  Police  Magistrate  shall  allow  a  reason¬ 
able  time  for  its  being  made  out  or  filed. 

Sec.  13.  Officers  shall  attend  as  witnesses  against  persons 
who  they  have  arrested,  without  being  summoned,  nor  shall 
the  Police  Magistrate  issue  any  subpoena  for  them;  but  if  they 
fail  to  appear  at  the  time  for  trial,  they  may  be  attached  and 
punished  for  contempt  as  witnesses  summoned. 

Sec.  14.  Any  person  arrested  and  held  in  custody,  shall  be 
entitled  to  a  trial  within  twenty-four  hours  from  the  time  of 
the  arrest,  [except  when  Sunday  shall  intervene,]  unless  the 
trial  be  postponed  by  the  Police  Magistrate  for  good  cause,  or 
from  unavoidable  circumstances. 


ORDINANCES. 


121 


Sec.  15.  A  person  in  custody  without  a  warrant  for  a  vio¬ 
lation  of  ordinance,  where  the  cause  is  continued  at  his  or  her 
instance,  or  where  it  is  continued  from  some  unavoidable  cir¬ 
cumstance,  may  release  him  or  her  from  custody  by  giving  bail, 
by  executing  a  bond  to  the  city  with  sufficient  security,  to  be 
approved  by  the  Police  Magistrate  in  double  the  amount  of  the 
penalty  provided  by  the  ordinance  for  the  violation  alledged. 
Prodded ,  however,  said  bond  shall  in  no  case  be  taken  for 
more  than  one  hundred  dollars;  which  bond  shall  be  condition¬ 
ed,  that  he  or  she  appear  upon  a  day  therein  named,  before 
the  Police  Magistrate’s  Court,  to  answer  for  the  violation  of 
which  he  is  accused,  and  there  to  wait  his  or  her  trial  of  the 
charges  against  him.  Which  bond,  if  forfeited,  shall  be  sued 
upon  in  the  same  manner  as  is  provided  in  section  seven  of 
this  ordinance. 

Sec.  16.  A  person  in  custody,  who  cannot  be  tried  because 
of  the  absence  of  witnesses,  or  other  cause,  and  who  cannot 
give  bail  for  his  or  her  appearance,  shall  remain  in  the  keeping 
of  the  calaboose  keeper  until  a  trial  can  be  had.  In  such 
case,  the  Police  Magistrate  shall  deliver  to  the  Marshal  or  Po¬ 
lice  Constable  a  commitment,  stating  therein  the  cause  of  de¬ 
tention.  But  no  continuance  under  this  section  shall  exceed 
three  days,  unless  at  the  instance  of  the  defendant. 

Sec.  17.  At  the  opening  of  the  Police  Magistrate’s  Court, 
the  City  Marshal  or  Police  Constable  shall  bring  before  the 
court  for  trial,  all  persons  in  custody  for  any  violation  of  ordi¬ 
nances. 

Sec.  18.  Motions  for  dismissal  on  account  of  informality, 
or  illegality  in  the  papers  or  proceedings,  and  all  pleas,  all  ap¬ 
plications  for  continuances,  must  be  made  in  writing  and  filed 
and  argued  when  the  suit  is  called  up  for  trial,  and  at  no  other 
time. 

Sec.  19.  When  a  defendant,  duly  summoned,  fails  to  ap¬ 
pear  at  the  time  the  suit  is  set  for  trial,  the  Police  Magistrate 
shall  hear  and  examine  the  testimony  offered  on  the  part  of 
the  city,  and  shall  render  judgment  by  default  against  the  de¬ 
fendant  for  such  amount,  under  the  ordinance,  as  he  may  deem 
justice  to  require. 


122 


ORDINANCES. 


Sec.  20.  The  Police  Magistrate  may  issue  attachments  to 
compel  the  attendance  of  witnesses  and  jurors  who  shall  have 
been  summoned,  and  lie  may  also  punish  for  contempt,  in  like 
manner,  as  justices  of  the  peace  arc  authorized  to  do  by  the 
laws  of  the  State. 

Sec.  21.  Depositions  taken  in  conformity  to  the  laws  of  the 
State,  may  be  read  before  the  Police  Magistrate,  on  any  trial, 
where  the  witness,  by  reason  of  sickness,  old  age  or  bodily  in¬ 
firmity,  is  unable  to  attend  to  and  cannot  safely  attend  at  the 
trial;  or  where  both  parties  agree  in  any  case  to  the  reading 
thereof. 

Sec..  22.  In  all  eases  before  the  Police  Magistrate  for  any 
violation  of  ordinances  of  the  city,  the  defendant  may  demand 
a  jury  trial.  The  jury  shall  consist  of  such  number,  and  pos¬ 
sess  the  same  qualifications  as  is  required  by  the  general  laws 
of  the  State  in  justices  courts;  and  all  jury  trials  shall  be  con¬ 
ducted  as  nearly  as  possible,  in  the  same  manner  as  jury  trials 
before  justices  of  the  peace. 

Sec.  23.  Upon  the  rendition  of  a  judgment  against  a  de¬ 
fendant  for  any  violation  of  any  ordinance  before  the  Police 
Magistrate,  he  shall  immediately  issue  an  execution  in  the  fol¬ 
lowing’  form,  as  near  as  may  be  : 

^  '  •» 


State  of  Illinois, 


City  of  Quincy  and  county  of  Adams,  f  ' The  people  of  the 
State  of  Illinois,  to  the  Marshal  or  Police  Constable,  or  any 
other  constable  of  the  city  of  Quincy,  greeting;: 

Whereas  the  city  of  Quincy  has  this  day  obtained  judgment 
before  the  undersigned,  Police  Magistrate  of  the  city  of  Quin¬ 
cy,  against  C.  D.,  for, a  violation  of  ordinance  of  said  city,  for 
the  sum  of  dollars  with  her  costs  in  this  behalf,  these  arc 
therefore  to  command  you  to  levy  said  debt  and  costs  of  the 
goods  and  chattels  of  the  said  C.  I).,  within  the  city  of  Quincy, 
and  expose  the  same  to  sale  agreeably  to  law;  and  for  want 
of  sufficient  property  wherewith  to  levy ‘the  said  debt  and  costs, 
you  are  commanded  to  take  the  body  of  the  said  C.  I).  into 
your  custody,  and  convey  him  to  the  calaboose  of  the  city  of 
Quincy,  and  him  there  safely  keep  until  lie  pay  said  debt  and 
costs,  to  serve  the  same  out  in  said  jail,  in  the  time  and  man- 


ORDINANCES. 


123 


ner  specified' in  the  9Sth  section  of  chapter  ltx,  concerning  jus¬ 
tices  of  the  peace  and  constables,  revised  statutes  of  Illinois, 
1845,  page  329.  And  you  arc  also  hereby  commanded  to 
make  return  of  this  execution  within  seventy  days  from  the 
date  thereof,  with  your  return  thereon,  stating  how  you  have 
executed  the  same.  Given  under  my  hand  and  seal,  at  my 
office  in  Quincy,  this  day  of  a.  d.  185  . 

.Police  Magistrate,  [l.  s.] 

Sec.  24.  If  sufficient  property  of  the  defendant  be  not 
found  to  satisfy  the  execution,  the  marshal  or  constable  shall 
commit  the  defendant  without  delay  to  the  calaboose,  and  there 
retain  him  for  forty-eight  hours,  unless  before  that  time  the 
debt  is  paid.  And  if. the  debt  exceed  ten  dollars,  the  said  de¬ 
fendant  shall  remain  in  said  jail  or  calaboose  twenty-four  hours 
for  every  live  dollars  over  and  above  the  said  ten  dollars,  and 
so  on  in  proportion  to  the  amount  of  said  debt  or  line. 

Sec.  25.  When  an  affidavit  on  the  part  of  the  city,  shall  be 
required  in  any  case  in  the  Police  Magistrate’s  court,  it  may 
be  made  by  any  city  officer,  or  by  any  person  to  whom  the 
facts  are  known. 

Sec.  2G.  There- shall  be  a  regular  session  of  each  Police 
Magistrate’s  Court  every  day,  [Sundays  excepted,]  to  be  open¬ 
ed  at  8  o’clock,  a.  m. 

Sec.  27.  In  all  cases  of  arrest  of  any  person  or  persons 
under  any  warrant  or  process  issued  by  a  Police  Magistrate, 
in  case  of  the  absence  of  the  Magistrate  who  issued  the  same, 
or  inability  to  try  the  cause,  from  whatever  cause,  such  writ  or 
process,  and  all  process  issued  in  such  cause,  shall  be  taken 
and  deemed  returnable,  and  shall  be  returned  with  the  parties 
in  custody  to  the  other  Police  Magistrate  of  the  city,  who  shall 
proceed  with  the  cause  the  same  as  if  such  warrant  or  process 
had  been  issued  by  him.  And  in  case  of  ordinary  process  by 
summons,  without  arrest,  as  well  as  in  case  of  the  absence1  or 
inability  of  both  of  the  Police  Magistrates  as  aforesaid,  the 
cause  shall  stand  continued  from  day  to  day  until  in  case  of 
process  by  ordinary  summons,  the  Magistrate  who  issued  the 
same  can  proceed  to  the  trial  of  the  cause.  And  in  case  of 
arrest,  until  such  Magistrate  or  the  other  Magistrate,  can  pro- 


124 


ORDINANCES. 


ceed  to  the  trial  thereof;  and  in  case  of  the  absence  or  inabili¬ 
ty  of  both  Magistrates  to  try  the  cause,  where  the  defendant  or 
defendants  is  in  custody,  the  ofliccr  may  take  special  bail  for 
the  appearance  from  day  to  day,  before  the  Magistrate  who 
issued  the  writ  until  trial  can  be  had,  or  may  commit  the  par¬ 
ty  in  custody  to  await  trial. 

Sec.  28.  Appeals  shall  be  allowed  from  all  decisions  in  the 
Police  Magistrate’s  Court,  arising  under  the  city  charter  or 
any  ordinance  of  the  city,  as  well  on  the  part  of  the  city, 
as  to  any  defendant  or  plaintiff,  to  the  Circuit  Court  of  Ad¬ 
ams  county;  and  any  such  appeal  shall  be  taken  and  granted 
in  the  same  manner  and  with  like  effect  as  appeals  are  taken 
from  and  granted  by  Justices  of  the  Peace  to  the  Circuit  Court 
under  the  laws  of  the  State. 

Appeals  on  the  part  of  the  city  may  be  taken  by  any  city 
officer  or  citizen,  upon  the  execution,  by  such  officer  or  citizen,, 
of  a  bond  to  pay  all  costs  in  said  appeal,  in  like  manner  as  is 
provided  in  section  101,  page  880,  Revised  Statutes  1845,  chap¬ 
ter  lix.  In  cases  where  an  appeal  is  advised  by  the  city  coun¬ 
cil,  the  bond  shall  be  executed  by  the  Mayor  and  Clerk,  in 
their  official  character  in  the  name  of  the  city  of  Quincy,  and 
said  bond,  thus  executed,  shall  be  binding  on  said  city. 

The  praying  an  appeal  by  any  defendant  in  any  suit  by  said 
city,  for  a  violation  of  any  city  ordinance,  shall  in  no  case,  sus¬ 
pend  the  issuing  of  execution,  unless  and  until  a  good  and  suffi¬ 
cient  appeal  bond  is  executed  and  filed. 

Sec.  29.  The  Police  Magistrates,  Constables,  Marshal’s 
witness  and  jurors’  fees,  shall  be  taxed  in  all  cases  where  the 
service  has  been  performed.  But  no  city  officer  or  watchman 
shall  be  allowed  to  charge  for  his  attendance  as  a  witness.  In 
all  cases  where  there  is  a  conviction  of  the  defendant,  all  costs 
shall  follow  and  be  collected  from  the  said  defendant.  But  in 
cases  where  the  defendant  is  acquitted,  or  in  cases  where  he 
serves  out  the  fine  or  judgment  in  the  calaboose,  or  pays  the 
same  by  labor  on  the  streets,  the  city  shall  pay  to  the  officers 
the  costs.  Provided ,  that  in  no  case  shall  the  amount  of  costs 
paid  by  the  city  in  any  one  year,  exceed  the  whole  amount 
collected  for  fines,  forfeitures,  penalties  and  breaches  of  ordi- 


ORDINANCES, 


125 


'  fiances.  And  it  is  hereby  made  the  special  duty  of  the  city 
•council  to  see  that  vouchers  or  orders  on  the  treasury  for 
costs,  shall  be  kept  within  the  amount  so  collected  from  said 
fines,  forfeitures  and  penalties.  And  to  this  end,  vouchers  for 
costs  shall  be  issued  at  intervals  of  three  months,  and  the 
amount  thus  issued,  shall  never  exceed  the  amount  on  hand 
from  such  fines  and  forfeitures,  as  herein  specified.  Whenever 
the  amount  of  costs  claimed,  and  which  may  appear  due  to  the 
officers,  shall  exceed  the  amount  on  hand  from  said  fines,  pen¬ 
alties,  judgments  and  forfeitures,  the  same  shall  be  allowed  by 
the  city  council,  in  proportion  to  the  several  claims  and  the 
amount  to  be  divided.  The  Police  Magistrates  shall  quarterly 
furnish  to  the  city  council  a  list  of  the  same,  which  shall  in¬ 
clude  witness,  jurors’  and  other  fees;  leaving  blank  columns  in 
said  list  in  which  to  mark  the  word  paid,  when  vouchers  or 
orders  are  issued  for  the  whole,  and  a  column  for  stating  the 
amount  paid  when  only  a  portion  is  so  allowed.  Said  list 
shall  be  dated  and  signed  by  the  Police  Magistrate,  and  may 
be  used  as  evidence  of  claims  for  costs  before  the  city  council 
for  two  quarters  only,  and  shall  be  entered  in  a  book  kept  for 
that  purpose  by  .the  city  clerk;  and  if  the  same  is  not  paid  in 
full  at  the  end  of  two  quarters,  by  reason  of  there  being  no 
funds  on  hand  so  collected  from  fines,  forfeitures,  penalties  or 
judgments  for  violation  of  ordinance,  the  said  officers  shall 
have  no  further  claim  upon  the  city  for  said  costs. 


12G 


ORDINANCES. 


Sec.  30.  The  Police  Magistrate  when  actin'"  ns  a  Justice  of 

o  o 

the  Peace  under  the  general >  laws  of  the  State,  shall  charge 
the  same  fees  as  other  justices  arc  allowed  far  similar  services. 
When  acting  under  the  city  ordinances,  his  fees  shall  be  as 


follows,  to-wit : 


For  every  warrant,  summons,  subpoena,  or  fee  bill, 
For  each  continuance,  .  ,  . . 

Administering  each  oath, 

Dcdimus  to  take  depositions,  .  ... 

Entering  judgment  or  order, 

Issuing  execution,  .  .  .  .  >. 

Entering  appeal  from  judgment, 

Transcript  of  judgment  proceedings  on  appeal, 
Taking  and  approving  appeal  bond, 

Docketing  each  suit,  ... 

For  each  jury  warrant, 

Taking  recognizance,  ... 

For  taking  special  bail.  ... 

Entering  verdict  of  Jury,-  . 

O  J  ' 


25 
10 
5 
25 
25 
25 
25 
25 
50 
15 
25 
50 
25  • 
15' 


For  each  mittimus,  .  .  .  .  .  .25- 

Sec.  31.  The  Marshal  and  Police  Constable  shall  receive  v 
the  same  fees  for  serving,  executing  and  returning  process*,  and 
as  keeper  of  the  calaboose,  that  arc  allowed  to  the  Constables 
of  the  State  under  the  general  laws  of  thereof,  for  similar  du¬ 
ties;  and  the  same  as  are  received  by  jailors  under  the  States 
law,  for  similar  services. 

For  taking  recognizance  and  making  out  a  statement 

O  o  C 


where  lie  arrests  without  a  warrant,.  .  25 

But  in  all  cases  where  Ike  icccgnizar.ee  is  taken  ly  a  watch- 
man  or  Alderman,  there  shall  be  no  fees  charged  for  the  same. 
The  Marshal  or  Police  Constable  shall  pay  to  the  Police  Mag¬ 
istrate  all  fees  collected  by  him  except  his  own  fees. 

Sec.  32.  Witnesses  duly  summoned  in  any  suit  before  tho 
Police  Magistrate’s  Court,  and  attending  the  trial,  shall  be  en¬ 
titled  to  fifty  cents  in  each  case.  In  allcases  where  a  witness-* 
is  summoned  at  the  instance  of  the  city,  his  fees  shall  be  paid 
by  the  said  city,  but  the  city  shall,  in  case  the  defendant  is.-» 


ORDINANCES. 


127 


convicted  or  judgment  found  against  him,  be  entitled  to  recov¬ 
er  the  same  from  said  defenant. 

In  all  cases  where  a  witness  or  witnesses  is  or  arc  subpoe- 
ned  at  the  instance  of  any  defendant,  the  said  defendant  shall 
be  bound  to  pay  said  witness  or  witnesses;  but  in  case  of  ac¬ 
quittal  or  no  conviction  or  judgment  had  against  said  defend¬ 
ant  or  defendants,  lie,  she  or  they  shall  have  judgment  against 
the  city  for  said  witness  fees.  The  same  rule  as  the  number 
of  witnesses  which  may  be  summoned  to  prove  one  fact,  that 
obtains  before  Justices  of  the  Peace, .  shall  apply  under  this 
ordinance. 

Sec.  33. .  Jurors  summoned- and  serving  in  the  Police  Mag¬ 
istrate’s  court  shall  receive  in  each  ease,  each  fifty  cents.  In 
no  case  shall  a  jury  be  summoned  do  try  any  ease  in  the  Po¬ 
lice  Magistrate’s  Court  for  any  violation  of  city  ordinance, 
until  the  party  demanding  the  jury  shall  have  first  paid  and 
advanced  to  the  Police  Magistrate  the  jury  fee;  and  in  case 
the  defendant  . is  acquitted,  the  jury  fee  shall  be  immediately 
paid  ,  back  to  said  •  defendant,  and  the  city  shall  pay  the  fee  to 
the  said  jurors. 

Sec.  34.  Be  it  further  ordained,  That  in  all  cases  when  com¬ 
plaint  shall  be  made  in  writing  on  oath,  before  any  Police 
Magistrate,  charging  any  person  or  persons  with  violation  of 
the  city  ordinances,  such  Police  Magistrate  may,  instead  of  is¬ 
suing  summons  or  capias  with  directions,  to  take  special  bail 
for  appearance,  and  without  further  affidavit  issue  the  writ  of 
“ Calais  Ad-respondendwmf  which  writ  may  be  in  the  following 
form — 

State  of  Illinois,  1 

A  flomc  /■>r\nnf\r  \.  ca 


The.  people  of  the  State  of  Illinois,  to  the  Marshal  or 
Police  Constable  of  - said  city  or  any  Constable  of  Adams 
county,  Greeting: — - 

Whereas  complaint  has  been  made  on  oath  that  A.  B. 
(here  insert  the  charge  substantially)  in  violation  of  the 
Ordinances  of  the  city  of  Quinev  Therefore  vou  are  com- 
manded  that  the  body  of  the  said  A,  B.,  you  take  if  found- in 


128 


ORDINANCES. 


said  city,  and  safely  have  before  me  forthwith,  together  with 
this  writ  and  due  return  hereof,  to  answer  unto  said  complaint. 

Given  under  my  hand  and  seal,  this  day  of 

A.  D. 185. 

C.  D.  [l,  s.] 

Police  Magistrate,  of  said  city  of  Quincy. 

Sec.  35.  In  case  of  such  arrest,  special  bail  shall  not  be 
taken,  but  the  Police  Magistrate  before  whom  the  cause  is 
is  pending,  may,  for  cause  shown,  continue  the  trial  and  re¬ 
quire  bail  for  appearance,  and  in  default  of  such  bail  commit  as 
in  other  cases. 

Sec.  36.  In  all  cases  where  the  defendant  is  found  guilty 
of  violation  of  the  city  ordinances,  the  Police  Magistrate  may 
enter  up  judgment  substantially  as  follows  :  “That  the  defend¬ 
ant  make  and  render  unto  the  city  of  Quincy  the  fine  and  for¬ 
feiture  of  dollars,  together  with  costs  of 

of  prosecution;’’  and  in  all  cases  of  rendition  of  judgment  for 
violation  of  the  city  ordinances,  the  Police  Magistrate  may 
either  issue  execution  against  the  goods  and  chattels,  and  in 
default  thereof,  against  the  body  of  the  defendant,  as  hereinbe¬ 
fore  provided  by  ordinance,  or  may  in  default  of  payment  of 
of  such  judgment,  order  that  the  said  defendant  stand  commit¬ 
ted  until  the  same  is  paid,  and  may  issue  his  writ  of  commit¬ 
ment  for  that  purpose  as  in  other  cases. 

Sec.  37.  In  all  cases  of  commitment  for  non-payment  of  any 
fine  and  forfeiture  recovered,  or  costs  of  same,  the  party  com¬ 
mitted  shall  be  subject  to  labor  on  the  streets  of  the  city,  in  the 
custody  and  under  the  direction  of  the  Marshal,  Police  Consta¬ 
ble  or  Street  Commissioner  of  the  city,  at  the  rate  of  one  dol¬ 
lar  per  day,  until  the  whole  amount  of  the  judgment  rendered 
against  him,  including  costs  of  the  city,  shall  at  that  rate  be 
paid;  but  if  not  required  to  perform  sucli  labor,  and  while  not 
so  laboring,  shall  remain  in  the  common  jail  or  calaboose  of 
the  city;  and  upon  full  payment  as  aforesaid,  such  party  shall 
be  discharged.  The  writ  of  commitment  issued  by  the  Police 
Magistrate,  or  a  copy  thereof,  certified  by  such  magistrate, 
shall  be  sufficient  warrant  to  the  Marshal.  Police  Constable 
or  Street  Commissioner  to  compel  performance  of  such  labor, 


ORDINANCES. 


12$ 


and  to  hold  the  custody  of  the  body  of  such  party  for  that 
purpose. 

Sec.  38.  Sections  34,  35,  36  and  37  of  this  ordinance  are 
declared  to  be  cumulative,  and  not  in  substitution  of  the  other 
sections  of  the  ordinance  regulating  proceedings  for  violation 
of  the  city  ordinances. 

Sec.  39.  The  Police  Magistrate,  Police  Constable  and  City 
Marshal,  in  all  matters  pertaining  to  the  duties  of  their  respec¬ 
tive  offices,  concerning  which  there  is  no  specific  provision  by 
ordinance,  shall  be  governed  by  the  laws  of  the  State  of  Illi¬ 
nois  regulating  proceedings  in  justices  courts,  and  the  duties 
of  justices  of  the  peace  and  constables,  so  far  as  the  same  may 
be  applicable.  Provided ,  the  jurisdiction  of  the  Police  Magis¬ 
trate,  for  any  breach  or  violation  of  ordinance,  shall  in  no  case 
extend  to  any  amount  over  one  hundred  dollars.  And,  pro¬ 
vided  , further,  the  Police  Magistrate  shall,  in  all  process,  be 
described  as  “Police  Magistrate  of  the  city  of  Quincy.” 

Sec.  40.  When  a  defendant  is  acquitted,  the  informer  or 
prosecutor  may  be  adjudged  to  pay  the  costs,  if  it  appears  to 
the  Police  Magistrate  that  the  prosecution  was  instituted  vexa* 
tiously,  maliciously  or  without  probable  cause. 


9 


130 


ORDINANCES. 


NO.  XXVI. 

An  Ordinance  concerning  Offences  affecting  Public  Peace  and 

Quiet: 


Sec.  1.  Unlawful  assembly.  Penalty  for.  Police  Magistrate  may  re¬ 
cognize  persons  to  answer  to  indictment. 

2.  Unusual  noises.  Penalty  for.  Licensed  persons  permitting, 
to  forfeit  license. 

3.  Obscene  language,  quarreling  and  disturbance  of  neighbor¬ 
hood.  Penalty  for. 

4.  Violating  the  Sabbath.  Penalty  for. 

5.  Disturbing  religious  and  other  meetings.  Penalty  for. 

6.  False  alarm  of  fire.  Penaltv  for. 

•/ 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city 
of  Quincy:  That  any  three  or  more  persons  who  shall  in  this 
city  assemble  together  with  an  intent,  or  being  assembled, 
shall  mutually,  agree  to  do  an  unlawful  act,  with  force  or  vio¬ 
lence,  against  the  property  of  the  city,  or  the  person  or  proper¬ 
ty  of  another,  or  against  the  peace,  or  to  the  terror  of  others, 
and  shall  make  any  movement  or  preparation  therefor;  and 
every  person  present  at  said  meeting  or  assembly,  who  shall 
not  endeavor  to  prevent  the  commission  or  perpetration  of 
said  unlawful  act,  every  such  person  so  offending,  shall  forfeit 
and  pay  for  the  use  of  the  said  city,  not  less  than  three  nor 
more  than  fifty  dollars  for  each  and  every  offence.  Provided , 
however,  that  in  all  cases  arising  under  this  section,  if,  in  the 
opinion  of  the  Police  Magistrate,  the  defendant  or  defendants 
shall  be  deemed  guilty  of  a  riot  as  defined  by  the  laws  of  the 
State,  the  said  magistrate  shall,  instead  of  entering  judgment 
for  the  fine,  hold  the  said  defendant  or  defendants  to  bail,  or 
commit  to  answer  an  indictment  in  the  circuit  court  of  Adams 
county. 

Sec.  2.  That  no  person  shall  suffer  hallooing,  shouting, 
bawling,  screaming,  profane  or  obscene  language,  fighting  dan¬ 
cing,  singing,  whooping,  or  quarreling,  or  any  other  unusual 
noises  or  sounds,  in  his  or  her  house,  in  such  manner  as  to  dis¬ 
turb  the  neighborhood,  or  those  passing  through  the  streets; 


ORDINANCES. 


131 


and  every  person  so  offending  shall  forfeit  and  pay,  for  the  use 
of  said  city,  not  less  than  two  dollars,  nor  more  than  twenty- 
dollars  for  the  first  offence,  and  for  every  subsequent  offence, 
not  less  than  five  dollars,  nor  more  than  fifty  dollars;  and  if 
the  person  so  offending,  be  the  keeper  of  a  house  licensed  by 
said  city,  such  person  shall,  upon  a  second  conviction,  incur  a 
forfeiture  of  his  license.- 

Sec.  3.  That  no  person  shall  halloo,  shout,  bawl,  scream, 
use  profane  or  obscene  language,  dance,  sing,  whoop,  quarrel 
or  make  any  unusual  noise  or  sound,  in  any  house  or  in  any 
part  of  said  -  city,  in  such  a  manner  as  to  disturb  the  good 
people  of  the  neighborhood,  or  those  passing  through  the 
streets;  and  every  person  so  offending  shall  forfeit  and  pay, 
for  the  use  of  said  city,  not  less  than  two  dollars,  nor  more 
than  twenty  dollars  for  the  first  offence,  and  for  every  subse¬ 
quent  offence,  not'  less  than  five  dollars,  nor  more  than  fifty 
dollars.  *■ 

Sec.  4.  It  shall  not  be  lawful  for  any  military  company,  or 
any  procession;  or  any  body  of  persons,  to  march  or  pass 
through  the  streets  of  the  city  on  Sunday,  accompanied  by 
the  sound  of  music;  or  for  any  person  on  Sunday  to  play  in 
said  streets  upon  any  musical  instrument.  Whoevor  shall  vio¬ 
late  this  section,  shall  forfeit  and  pay,  for  the  use  of  said  city, 
not  less  than  three  nor  more  than  twenty  dollars.  Provided , 
that  this  section  shall  not  be  construed  to  prohibit  the  use  of 
music  on  said  day  in  connection- with  funeral  ceremonies. 

Sec.  5.  Whoever  shall  in  this  city,  disquiet  or  disturb  any 
congregation  or  assembly,  met  for  religious  worship,  by  mak¬ 
ing  a  noise,  or  by  rude  and  indecent  behavior,  or  profane  dis¬ 
course  within  their  place  of  worship,  or  so  near  the  same  as 
to  disturb  the  order  or  solemnity  of  the  meeting;  or  whoever 
shall,  in  this  city,  disturb  any  lawful  assemblage  of  people  by 
rude  and  indecent  behavior  or  otherwise,  shall  forfeit  and  pay, 
for  the  use  of  the  city,  not  less  than  one  nor  more  than  fifty 
dollars  for  every  such  offence. 

Sec.  G.  It  shall  not  be  lawful  for  any  one,  in  this  city,  to 
give  or  make  a  false  alarm  of  fire;  and  every  person  so  offend¬ 
ing,  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than 
three  nor  more  than  fifty  dollars,  for  every  such  offence. 


132 


ORDINANCES, 


NO.  XXY1I. 

An  Ordinance  concerning  Offences  against  Public  Morals  and 

Decency . 

Sec.  1.  Drunkenness.  Penalty  for. 

2.  Indecent  exposures,  exhibitions,  pictures,  &c.  Penalty  for. 

3.  Public  bathing.  Penalty  for. 

4.  Gaming  houses.  Penalty  for  keeping. 

5.  Permitting  persons  to  come  together  for  gaming.  Penalty 
for. 

6.  Amusements  and  business  on  the  Sabbath.  Penalty  for. 

7.  Gaming  devices.  Gaming.  Penalty  for.  Devices  for,  aDd 
may  be  destroyed. 

8.  Bawdy  houses.  Penalty  for  keeping. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  it  shall  not  be  lawful  for  any  person  to  be 
found  in  this  city  in  a  state  of  intoxication,  in  any  highway, 
thoroughfare,  or  other  public  place;  and  every  person  so 
•offending,  shall  forfeit  and  pay  for  the  use  of  said  city,  not 
less  than  one  nor  more  than  twenty  dollars  for  each  and  every 
offence. 

Sec.  2.  No  person  shall  in  this  city,  appear  in  any  public 
place  in  a  state  of  nudity,  or  in  a  dress  not  belonging  to  his  or 
her  sex,  or  in  any  indecent  or  lewd  dress,  or  shall  make  any 
indecent  exposure  of  his  or  her  person,  or  be  guilty  of  any  in¬ 
decent  or  lewd  act  or  behavior;  or  shall  exhibit,  sell  or  offer 
to  sell,  any  indecent  or  lewd  book,  picture  or  other  thing,  or 
shall  exhibit  or  perform  any  indecent,  immoral  or  lewd  play 
or  other  representation,  and  every  person  so  offending,  shall 
forfeit  and  pay  for  the  use  of  said  city,  not  less  than  five,  nor 
more  than  fifty  dollars  for  each  and  every  offence. 

Sec.  3.  No  person  shall  be  allowed  to  bathe,  wash  or  swim 
in  the  Mississippi  river,  or  in  any  other  watercourse,  pond  or 
pool  in  this  city,  between  sunrise  and  one  hour  after  sunset, 
being  naked  or  insufficiently  clothed  to  prevent  improper  ex¬ 
posure  of  his  person;  and  every  person  so  offending,  shall  for¬ 
feit  and  pay  for  the  use  of  said  city,  not  less  than  one  nor  more 
than  ten  dollars  for  each  and  every  offence. 


ORDINANCES. 


133 


Sec.  4.  That  no  person  shall,  by  himself,  herself,  servant 
or  other  agent,  or  for  his  or  her  gain  or  profit,  keep,  have,  ex¬ 
ercise  or  maintain  a  common  gaming  house,  table,  room  or 
place  whatsoever,  within  the  limits  of  said  city;  and  every 
person  so  offending,  shall  forfeit  and  pay  for  the  use  of  said 
city,  not  less  than  twenty-five  nor  more  than  one  hundred  dol¬ 
lars  for  each  and  every  offence. 

Sec.  5.  That  no  person  in  any  house  or  place  occupied  by 
him  or  her,  within  the  limits  of  said  city,  shall  procure  or  per¬ 
mit  any  persons  to  frequent  or  come  together,  at  any  time,  to 
play  for  money  or  other  valuable  thing  at  any  game;  and  every 
person  so  offending  shall  forfeit  and  pay  for  the  use  of  said 
city,  the  sum  of  not  less  than  twenty-five  nor  more  than  fifty 
dollars  for  each  and  every  offence. 

Sec.  6.  No  person  in  this  city,  shall  play  on  Sunday  at  bil¬ 
liards,  ten  pins,  or  other  game  of  amusement,  or  at  any  game 
of  amusement  in  any  highway  or  other  public  place;  nor  shall, 
on  that  day,  sell  or  offer  to  sell  any  merchandize,  or  ferment¬ 
ed  or  distilled  liquors;  nor  shall  keep  his  store,  shop  or  other 
place  of  business  open;  and  every  person  so  offending,  shall 
forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  ten  nor 
more  than  one  hundred  dollars,  for  each  and  every  offence. 

Sec.  7.  No  person  shall,  within  this  city,  set  up  or  keep  any 
kind  of  gambling  device  or  thing,  at  which  any  game  of  chance 
shall  be  played  for  money  or  property,  or  any  thing  represent¬ 
ing  money  or  property;  nor  shall  at  any  such  device  or  game 
of  chance,  bet,  win  or  lose  any  money  or  property  in  specie ,  or 
by  means  of  any  thing  representing  the  same;  nor  shall  suffer 
any  such  device,  at  which  any  game  of  chance  is  played,  to  be 
set  up  or  used  in  any  tenement  in  his  possession  or  under  his 
control;  and  every  person  so  offending,  shall  forfeit  and  pay,, 
for  the  use  of  the  said  city,  not  less  than  five  nor  more  than 
one  hundred  dollars  for  every  such  offence.  And  it  shall  be 
in  the  power  of  the  Police  Magistrate,  on  receiving  satisfacto¬ 
ry  information  of  any  such  device  or  thing  being  so  set  up 
and  used,  to  issue  his  warrant  to  the  City  Marshal  or  Police 
Constable,  commanding  him  to  destroy  the  same,  which  warrant 
shall  be  immediately  executed. 


134 


ORDINANCES. 


Sec.  8.  No  person  shall,  in  this  city,  keep  a  bawdy  house, 
house  of  ill-fame,  or  of  assignation,  or  permit  any  tenement  in 
his  possession,  or  under  his  control,  to 'be  used  for  any  such 
purpose;  and  every  person  so  offending,  shall  forfeit  and  pay, 
for  the  use  of  said  city,  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars  for  every  such  offence.  Pro¬ 
vided,  that  it  shall  and  may  be  lawful  for  the  Mayor,  upon  in¬ 
formation  given  him  of  the  keeping  of  any  such  house,  or  of 
any  police  officer  of  said  city,  under  his  direction,  to  enter  such 
house  peaceably,  or  forcibly,  if  resistance  is  made,  and  arrest, 
without  warrant,  any  and  all  persons  found  therein,  and  com¬ 
mit  them  to  the  calaboose  (if  special  bail  be  not  given)  until 
the  opening  of  the  next  session  of  the  Police  Magistrate’s  Court, 
and  for  making  such  arrest  he  shall  have  full  power  to  call  to  • 
his  aid  any  male  citizen  of  said  city  over  eighteen  years  of  age, 
and  any  person  so  called  upon,  who  shall  refuse  to  render 
such  assistance,  shall  forfeit  and  pay  for  the  use  of  said  city, 
not  less  than  three  nor  more  than  one  hundred  dollars  for 
..every  such  refusal. 


NO.  XXVIII. 

Jin  Ordinance  concerning  Offences  affecting  Public  Safety. 

Sec.  1.  Firing  guns,  pistols,  crackers,  &c.  Penalty  for. 

2.  Kindling  fires  in  streets,  &c.  Penalty  for. 

3.  Immoderate  riding,  driving,  &c.  Brutal  treatment  of  animals. 
Penalty  for. 

4.  Mode  of  vehicles  passing  in  streets. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city 
of  Quincy ,  That  no  person  shall,  within  the  limits  of  said 
city,  fire  or  discharge  any  cannon,  musket,  rifle,  fowling  piece, 
or  other  fire-arms,  or  air-gun,  except  in  cases  of  necessity,  or 
in  the  performance  of  a  public  or  lawful  act  of  duty,  or  dis¬ 
charge  or  set  off  any  cracker,  rocket,  torpedo,  squib  or  other 
fire-works,  within  the  limits  of  said  city,  without  permission 


ORDINANCES. 


135 


first  obtained  from  tlie  Mayor  or  one  of  the  Aldermen,  Police 
Constable  or  Marshal  of  said  city;  and  every  person  so  offend¬ 
ing,  shall  forfeit  and  pay  for  the  use  of  said  city,  not  less  than 
one  dollar,  nor  more  than  ten  dollars  for  every  such  offence. 

Sec.  2.  That  no  person  shall,  in  any  of  the  streets,  lanes, 
avenues  or  alleys  of  said  city,  or  upon  the  public  squares  there¬ 
in,  make  or  kindle  any  fire,  without  first  having  obtained  per¬ 
mission  as  provided  in  the  preceding  section;  and  every  per¬ 
son  so  offending  shall  forfeit  and  pay,  for  the  use  of  said  city, 
not  less  than  one  dollar,  nor  more  than  ten  dollars  for  every 
such  offence. 

Sec.  3.  No  person  shall  in  this  city,  ride  or  drive  any  beast 
of  burden,  in  any  highway,  thoroughfare  or  other  public 
place  beyond  a  moderate  gait,  unless  in  a  case  of  urgent  ne¬ 
cessity;  nor  shall  ride  or  drive  any  such  animal,  as  to  cause 
such  animal  or  any  vehicle  thereto  attached  to  come  in  collis¬ 
ion  with,  or  strike  any  other  object  or  any  person;  nor  shall  leave 
any  such  animal  standing  in  any  public  place  without  being  fas¬ 
tened,  or  so  guarded  as  to  prevent  its  running  away;  nor  shall 
inhumanly,  unnecessarily  or  cruelly  treat,  injure  or  otherwise 
abuse  any  such  dumb  animal;  and  every  person  so  offending, 
shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than 
three  nor  more  than  one  hundred  dollars  for  every  such  offence. 

Sec.  4.  In  all  cases  of  persons  meeting  each  other  in  vehi¬ 
cles,  in  any  highway  or  thoroughfare  in  this  city,  each  person 
so  meeting,  shall  turn  off  and  go  to  the  right  side  of  the  highway 
or  thoroughfare,  so  as  to  enable  such  vehicles  to  pass  each 
other  without  accident.  Whoever  shall  violate  this  section, 
shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less  than  one 
nor  more  than  ten  dollars  for  every  such  offence.  Provided 
nothing  herein  shall  prevent  the  party  injured  from  maintain¬ 
ing  his  action  at  law  against  the  wrong  doer. 


136 


ORDINANCES. 


NO.  XXIX. 

An  Ordinance  Relating  to  Offences  concerning  City  Property , 
Public  Squares ,  the  Streets  and  Private  Property . 

Sec.  1.  Injuring  fences  and  trees,  sidewalks,  or  any  city  property. 
Putting  animals  into  public  grounds.  Penalty  for. 

2.  Riding  or  driving  on  sidewalks.  Fastening  animals,  &c.  Pen¬ 
alty  for. 

3.  Obstructions  or  pits  in  streets.  Penalty  for. 

4.  Eaves  and  conductors  of  houses.  Penalty. 

5.  Leaving  open  cellar  doors,  vaults,  &c.  Penalty  for. 

6.  Sidewalks  to  be  kept  open.  Obstructions  removed.  Penalty 
for  obstructing. 

7.  Obstructing  streets  with  vehicles.  Penalty  for. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city 
of  Quincy ,  That  no  person  shall  walk  or  run  on  the  cap¬ 
ping  of  any  fence  or  fences,  around  any  or  either  of  the  pub¬ 
lic  squares  in  this  city,  or  in  any  wise  deface  or  injure  said 
fences,  or  cut,  hack  or  injure  any  tree  or  trees  standing  in  said 
squares,  or  growing  in  any  street  or  sidewalk  in  said  city;  nor 
deface  or  injure  any  other  property  belonging  to  the  city,  or 
wilfully  injure  any  property  belonging  to  any  fire  company,  or 
hook  and  ladder  company,  or  any  property  pertaining  to  the 
fire  department;  nor  shall  wilfully  injure  any  public  well,  cis¬ 
tern  or  pump;  nor  shall  turn  any  cow,  horse,  or  other  domestic 
animal  into  said  public  squares  or  either  of  them;  and  every 
person  so  offending,  shall  forfeit  and  pay  for  the  use  of  said 
city,  not  less  than  one  nor  more  than  one  hundred  dollars  for 
every  such  offence. 

Sec.  2.  No  person  shall,  in  this  city,  lead,  ride,  drive,  or 
place  any  beast  of  burden  or  vehicle,  on  any  paved  sidewalk 

or  foot  way,  otherwise  than  in  going  into  or  out  of  premises 
owned  or  occupied  by  him,  or  his  employers;  or  shall  hitch  or 
fasten  any  animal  tO'  a  fire  plug,  pump  or  hydrant,  or  to  any 
fence,  or  ornamental  or  shade  tree,  lamp-post  or  awning  post, 
not  belonging  to  him  or  his  employers;  and  every  person  so 
offending,  shall  forfeit  and  pay,  for  the  use  of  said  city,  not 


ORDINANCES. 


137 


less  than  one  nor  more  than  fifty  dollars  for  each  and  every 
such  olfence. 

Sec.  3.  No  city  officer,  contractor  or  other  person  in  the 
city,  shall  make  any  excavation  in  any  highway  or  thorough¬ 
fare,  without  providing,  during  the  night,  a  temporary  fence 
or  suitable  obstruction  around  or  in  front  of  the  same,  to  pre¬ 
vent  persons  animals,  or  vehicles  from  falling  into  the  same; 
and  every  person  thus  offending,  shall  forfeit  and  pay  for  the 
use  of  said  city,  not  less  than  five  nor  more  than  fifty  dollars 
for  each  and  every  offence. 

Sec.  4.  Every  person  owning  or  occupying  any  building  in 
this  city,  shall  cause  the  pipes  conducting  the  water  from  the 
eaves  of  the  building,  to  be  so  constructed  or  altered,  as  not  to 
spread  the  water  over  the  sidewalks;  and  every  person  ne¬ 
glecting  to  comply  with  this  section,  shall,  for  every  such  of¬ 
fence,  forfeit  and  pay  for  the  use  of  said  city,  not  less  than  one 
nor  more  than  ten  dollars,  for  every  week  he  or  she  so  neglect 
to  cause  the  said  pipes  to  be  so  constructed  or  altered,  as  not 
to  spread  .the  water  over  said  sidewalk. 

Sec.  5.  No  person  shall,  in  this  city,  leave  open  any  cellar 
door,  grating  or  vault,  on  any  highway,  thoroughfare,  or  side¬ 
walk,  or  suffer  any  such  door  or  grating  belonging  to  premi¬ 
ses  occupied  by  him,  or  any  such  place,  to  be  in  an  insecure  con¬ 
dition,  whereby  passers  may  be  in  danger  of  falling  into  a 
cellar  or  vault;  and  every  person  so  offending,  shall  forfeit 
and  pay  for  the  use  of  said  city,  not  less  than  one  nor  more 
than  one  hundred  dollars,  for  each  and  every  such  offence. 

Sec.  6.  That  every  person  owning,  acting  as  agent  for  or 
occupying  any  building  or  lot  in  said  city,  fronting  on  or  ad¬ 
joining  any  sidewalk  in  said  city,  shall  keep  or  cause  the  said 
sidewalk  to  be  kept  open,  and  free  from  all  obstructions,  bar¬ 
riers  and  impediments  of  every  description;  and  the  Street 
Commissioner  shall  cause  every  such  obstruction,  barrier  or 
impediment  to  be  immediately  removed;  in  case  the  same  is 
not  removed  within  a  reasonable  time  by  the  owner,  agent  or 
occupant  of  the  building  or  lot  fronting  on  or  adjoining  such 
sidewalk,  on  being  notified  by  the  Street  Commissioner;  and 


138 


ORDINANCES. 


if  such  notice  is  not  complied  with,-  such  owner,  agent  or  occu¬ 
pant  shall  forfeit  and  pay  for  the  use  of  said  city,  not  less  than 
two  nor  more  than  twenty-five  dollars  for  every  such  offence, 
as  well  as  all  expense  incurred  by  the  Street  Commissioner  in 
removing  or  causing  the  same  to  be  removed,  Provided ,  that  it 
shall  and  may  be  lawful  for  any  citizen  of  said  city  to  prefer 
complaint  before  the  Police  Magistrate's  Court  for  any  viola¬ 
tion  of  this  ordinance;  prior  to  the  giving  of  the  notice  herein¬ 
before  set  forth,  upon  such  complaint  being  made  by  any  citi¬ 
zen,  the  party  found  guilty  of  violating  the  provisions  of  this 
ordinance  shall  forfeit  and  pay,  for  the  use  of  said  city,  not  less 
than  one  nor  more  than  ten  dollars  for  every  such  offence;  Pro¬ 
vided ,  further ,  that  the  Street  Commissioner  shall  permit  tem¬ 
porary  obstructions  to  persons  in  receiving,  selling  or  remov¬ 
ing  fuel,  lumber,  plank,  boxes  of  merchandize,  and  other  arti¬ 
cles  of  trade,  if  such  obstructions  be  removed  within  twenty- 
:  four  hours.  * 

Sec.  7.  That  all  drays,  carts,  wagons  or  other  carriages 
of  any  description,  laden  or  unladen,  unemployed  or  when 
making  temporary  stoppages  in  any  of  the  streets,  lanes,  ave¬ 
nues  or  alleys  shall  be  placed  by  the  drivers  thereof  on  either 
side  of  the  street,  lane,  avenue  or  alley,  lengthways  close  to  the 
curb  stone,  or  in  such  a  position  that  the  centre  of  the  street, 
lane,  avenue,  or  alley  may  be  left  open  and  free  for  all  carriages, 
drays,  carts,  wagons  or  other  conveyances  going  to  and  fro; 
but  no  such  dray,  cart,  wagon  or  other  carriage,  shall  be  plac¬ 
ed  in  any  street  or  near  the  intersection  of  any  street,  lane, 
avenue  or  alley,  in  such  manner  as  to  cross  the !  footway,  or 
prevent  a  free  passage  in  such  pathway,  street,  lane,  avenue  or 
alley.  Nor  shall  any  dray,  cart,  wagon  or  other  carriage 
when  unemployed,  be  left  or  permitted  to  stand  in  any  street, 
lane,  avenue  or  alley  without  leaving  at  least  thirty  feet  of  the 
centre  of  such  street,  lane,  avenue  or  alley  for  travel  to  and 
fro.  Provided ,  that  no  person  shall  be  permitted  to  place  any 
wagon,  cart,  dray  or  other  carriage  lengthways  of  the  curt) 
stone  as  herein  before  provided,  except  he  or  she  be  the  ow¬ 
ner  of  the  lot  before  which  the  same  shall  be  placed,  and  eve- 


ORDINANCES. 


139 


ry  person  violating  of  any  of  the  provisions  of  this- section,  shall 
forfeit  and  pay-  for  the  use  of  said  city,  not  less  than  one  nor 
more  than  fifty  dollars  for  each  and  every  offence. 


NO.  XXX. 

An  Ordinance  concerning  Offences  against  Official  Authority ,  and 
Concerning  the  abuse  of  Official  Authority  and  the  JVeglect^of 
Official  Duties. 

Sec.  1.  Assuming  official  authority.  Resisting  officers,  &c.  Penalty 
for.  P.  M.  may  recognize  persons  resisting  to  answer  to  in¬ 
dictment. 

2.  0 fficers  refusing  to  perform  duties.  Penalty  for. 

3.  Officers  may  be  removed,  and  proceedings  therein. 

4.  Officers  to  surrender  books,  &c. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy ,  That  no  person  shall,  in  this  city,  falsely  repre¬ 
sent  himself  to  he  an  officer  of  this  city,  or  shall,  without  being 
duly  authorized  by  the  city,  exercise  or  attempt  to  exercise 
any  of  the  duties,  functions  or  powers  of  a  city  officer;  or  shall 
hinder,  obstruct,  resist  or  otherwise  interfere  with  any  city 
officer  in  the  discharge  of  his  official  duties,  or  attempt  to  pre¬ 
vent  any  such  officer  from  arresting  any  person,  or  attempt  to 
rescue  from  such  officer  any  person  in  his  custody;  and  every 
person  so  offending  shall  forfeit  and  pay  for  the  use  of  said  city, 
not  less  than  five  nor  more  than  one  hundred  dollars,  for  each 
and  every  offence.  Provided ,  however,  that  if  in  the  opinion 
of  the  Police  Magistrate  after  hearing  evidence,  the  defendant 
or  defendants  appear  to  be  guilty  of  any  indictable  offence  un¬ 
der  the  general  laws  of  the  State,  it  shall  be  the  duty  of  the 
Police  Magistrate  to  hold  said  defendant  to  bail,  or  commit 
him  or  them  to  answer  said  indictment  in  the  Adams  county 
Circuit  Court,  and  in  such  case  the  Police  Magistrate  shall  in¬ 
flict  no  fine  under  this  section. 

Sec.  2.  Every  officer  appointed  by  the  city  council,  who 
shall  fail  or  neglect  to  perform  any  duty  assigned  him  by  or- 


140 


ORDINANCES. 


dinance,  shall,  for  every  such  offence,  forfeit  and  pay  for  tho 
use  of  said  city  not  less  than  five  nor  more  than  one  hundred 
dollars  for  every  such  offence. 

Sec.  3.  That  any  officer  appointed  by  the  city  council, 
may  be  removed  by  a  majority  of  said  council  for  incompe¬ 
tency,  or  any  dereliction  or  violation  of  duty,  on  the  com¬ 
plaint  in  writing  of  any  inhabitant  of  said  city,  or  whenever 
the  said  council  shall  think  the  interests  of  said  city  require 
said  removal;  Provided,  however,  that  no  officer  shall  be  re¬ 
moved  as  aforesaid,  until  he  shall  have  had  notice  of  such  in¬ 
tended  removal  and  of  the  charge  or  charges  preferred  against 
him,  served  on  him  by  the  city  clerk,  and  an  opportunity  to  ex¬ 
culpate  himself  before  said  council. 

Sec.  4.  That  each  officer  herein  mentioned,  on  his  resigna¬ 
tion,  removal,  or  expiration  of  his  term  of  office,  shall  deliver 
to  his  successor,  all  books,  papers  or  other  property  pertaining 
to  such  office. 


NO.  XXXI. 

An  Ordinance  Concerning  Penalties  in  the  Police  Magistrate1  s 

Court . 

Sec.  1.  Penalties  not  provided  for,  what  to  be. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  whoever  shall  be  convicted  in  the  Police  Magis¬ 
trate’s  Court  under  any  ordinance  of  the  city,  in  case  where  no 
specific  penalty  is  prescribed,  shall  forfeit  and  pay  for  the  use  of 

said  city,  a  sum  not  less  than  three  nor  more  than  one  hun- 

•/  • 

dred  dollars  for  any  such  offence. 


ORDINANCES. 


141 


NO.  XXXII. 

An  Ordinance  Relating  to  the  Public  Schools  of  the  City. 

Sec.  1.  Superintendent  to  have  control  of  School?.  Superintendent's 
powers  and  duties.  To  be  under  supervision  of  City  Council. 

2.  Superintendent  to  keep  record  of  his  acts  and  account  of  ex¬ 
penses.  To  make  reports  to  Council.  Other  powers  and  duties. 

3.  Council  to  appoint  Board  of  Visitors.  Their  powers  and  du¬ 
ties.  To  examine  teachers;  make  report  to  Council. 

4.  How  expenses  of  Schools  paid,  and  claims  how  allowed. 

5.  City  Treasurer,  School  Treasurer.  His  duties  and  compen¬ 
sation. 

G.  How  enumeration  of  children  taken.  Compensatson. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  Superintendent  of  Schools  shall  have  the 
control  and  direction  of  the  Public  Schools  of  the  city.  He 
shall  employ  teachers,  fix  their  respective  salaries,  and  he  is 
hereby  authorized  to  draw  orders  on  the  City  Treasurer,  quar¬ 
terly,  for  the  amount  of  salary  due  to  each  respectively,  direct 
their  labors,  decide  on  the  books,  maps,  globes,  charts  and  ap¬ 
paratus  to  be  used  in  the  public  schools,  attend  to  the  condi¬ 
tion  and  repair  of  school  houses,  provide  furniture  necessary 
for  school  rooms,  provide  fuel  for  the  several  schools,  person¬ 
ally  visit  each  school  once  in  two  weeks,  and  examine  into  the 
condition  and  conduct  of  the  same.  He  shall  attend  to  fur¬ 
nishing  the  respective  schools  with  whatever  may  be  necessary 
for  the  convenience  of  the  teachers  and  scholars,  of  ordinary 
use  in  public  schools,  and  certify  to  the  city  council  the  amount 
due  any  person  for  teaching  when  required.  He  may  dis¬ 
charge  teachers  for  incompetency,  -or  other  reasonable  cause, 
subject  to  the  approval  of  the  city  council.  He  may  estab¬ 
lish  a  code  of  rules  for  the  government  of  the  public  schools, 
and  alter  or  annul  the  same.  He  shall  be  under  the  supervi¬ 
sion  of  the  city  council  and  said  city  council  may  generally 
direct  him  in  the  discharge  of  his  duties,  and  sanction  or  an¬ 
nul  his  acts  and  doings  at  pleasure. 

Sec.  2.  Be  it  further  ordained ,  That  said  superintendent 
shall  keep  a  record  of  his  actings  and  doings,  and  an  account 


142 


ORDINANCES. 


of  all  expenses  arising  from- the  public  schools.  He  shall  keep 
an  account  with  eacli  teacher,  as  well  as  between  himself  and 
the  oity,  and  the  same  shall  be  a  public  record  of  the  city,  sub¬ 
ject  at  all  times  to  the  inspection  of  the  city  council  and  per¬ 
sons  interested,  and  shall  be  submitted  to  the  city  council,  to¬ 
gether  with  his  annual  report  hereinafter  mentioned.  lie 
shall  make  annual  reports  to  the  city  council  in  writing  on  or 
before  the  first  day  of  July  of  each  year,  showing  the  expen¬ 
ses  of  the  public  schools  for  the  previous  year  and  the  items 
thereof,  and  shall  so  soon  as  practicable  thereafter,  make  set¬ 
tlement  with  the  city  council  for  the  ■previous  year.  The  an¬ 
nual  report  provided  for  in  this  section  shall  also  exhibit  and 
show  the  number  of  public  schools  within  the  city,  the  number 
of  school  houses  and  school  apartments,  the  number  of  teach¬ 
ers  employed,  male  and  female,  and  the  salary  of  eacli;  the 
number  of  children  admitted  to  the  several  public  schools  du¬ 
ring  the  previous  year,  the  average  number  of  scholars  attend¬ 
ing,  and  the  total  number  of  days  attendance;  the  branches  of 
learning  taught,  the  leading  books  used,  and  such  other  statis- 
tical  information  relating. to  the  public  schools  as  he  may  be 
able  to  obtain;  and  to  which  report  said  Superintendent  shall 
append  such  information,  recommendations  and  suggestions  as 
he  may  deem  advisable.  A  synopsis  of  said  report  shall  lie 
published  in  the  city  newspapers,  so  soon  as  practicable  after 
the  same  shall  be  made  annually. 

Sec.  3.  Be  it  further  ordained ,  That  the  city  council  shall 
appoint,  so  soon  as  practicable,  a  board  of  Public  School  Visi¬ 
tors,  consisting  of  three  residents  of  the  city,  who  shall  hold 
their  offices  until  the  next  annual  organization  of  the  citv 
council,  and  who  shall  thereafter  be  appointed  annually,  in 
manner  provided  by  ordinance  for  the  appointment  of  city 
officers  by  the  city  council.  Said  Board  of  Visitors,  or  a  ma¬ 
jority  of  them,  shall  examine  all  teachers  and  decide  on  their 
qualifications,  and  shall  grant  certificates  of  qualification  to 
teachers;  and  no  teacher  shall  be  employed  without  such  cer¬ 
tificate  of  qualification;  Provided ,  in  case  of  the  absence  or 
inability  of  a  majority  of  said  board,  teachers  may  be  employ¬ 
ed,  until  such  examination  can  be  made.  Said  board  of  visi  - 


ORDINANCES. 


143 


tors  shall,  on  request  of  the  Mayor,  and  as  often  as  once  in 
every  three  months,  visit  the  several  public  schools  of  the  city, 
and  enquire  into  and  examine  the  mode  of  teaching,  the  books 
and  apparatus  used,  the  competency  and  conduct  of  the  teach¬ 
ers,  the  proficiency  of  the  scholars,  and  the  general  condition 
of  the  schools,  and  shall  make  report  in  writing,  of  the  condi¬ 
tion  thereof,  appending  to  their  report  such  information,  re¬ 
commendations  and  suggestions  in  relation  to  said  schools  as 
they  may  deem  advisable. 

Sec.  4.  Be  it  further  ordained ,  That  the  expenses  of  the 
public  schools  shall  be  paid  out  of  the  district  school  fund,  and 
in  case  the  same  shall  be  insufficient,  the  deficit  shall  be  paid 
out  of  the  common  treasury  of  the  city,  as  the  city  council  may 
from  time  to  time  order.  All  claims  against  the  city,  or  any 
fund  thereof,  accruing  on  account  of  the  public  schools,  except 
salary  of  Superintendent  and  salaries  of  Teachers,  shall  be 
audited  by  the  Auditing  Committee,  and  before  they  are  paid, 
allowed  by  the  city  council. 

Sec.  5.  Be  it  further  ordained.  That  the  City  Treasurer 
shall  be  ex  oficio  treasurer  of  the  Quincy  School  District,  and 
shall  perform  such  duties  and  receive  such  compensation,  where 
not  otherwise  provided  by  ordinance,  as  treasurers  of  school 
townships  may  be  entitled  to  in  like  cases,  under  the  laws  of 
this  State  relating  to  common  schools;  and  shall  perform  such 
other  duties  as  may  be  required  of  him  by  the  city  council. 

Sec.  6.  Be  it  further ,  ordained ,  That  the  City  Treasurer 
shall  take  or  cause  to  be  taken  correct  enumerations  of  the 
children  within  the  Quincy  School  District,  and  make  return 
thereof  to  the  School  Commissioner  of  Adams  county,  at  the 
time  and  in  the  manner  provided  by  the  laws  of  this  State 
relating  to  common  schools;  and  the  city  council  shall  allow 
him  such,  compensation  therefor  as  may  be  equitable. 


144 


ORDINANCES. 


NO.  XXXIII. 

An  Ordinance  Concerning  Assessments  for  Paving ,  Planking  or 
McAdamizing  the  Streets  and  Alleys. 

Sec.  1.  When  majority  petition.  Committee  to  estimate  and  report 
plan. 

2.  Order.  Form  of. 

3.  Commissioners  to  assess. 

4.  Clerk  to  notify.  Oath  to  be  taken. 

5.  Notice  of  commissioners.  Certificate  to  be  attached. 

6.  Assessment  Roll.  Form  of  &c. 

7.  Return  of  assessment.  Clerk  to  give  notice  of. 

8.  Confirmation  of  assessment. 

9.  Collectors  warrant.  Form  of. 

10.  Collector.  Powers  of. 

11.  Assessment  when  valid. 

12.  City  to  improve.  Compensation  of  Commissioners.  How 
paid. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
; Quincy ,  That  whenever  a  major  part  of  the  owners  or  holders 
■of  real  estate,  either  of  lots  or  parts  of  lots  fronting  on  any 
street  or  alley,  or  part  of  street  or  alley,  shall  petition  the  city 
council  for  paving,  planking  or  macadamizing  said  street  or  al¬ 
ley  or  part  of  street  or  alley,  and  the  said  council  shall  deem  it 
necessary  to  cause  the  same  to  be  so  paved,  planked  or  macada¬ 
mized,  the  subject  shall  be  referred  to  an  appropriate  committee 
of  not  less  than  three,  whose  duty  it  shall  be  to  prepare  and  re¬ 
port  to  the  council  the  plan  of  such  improvement,  with  an  accu¬ 
rate  estimate  of  the  expenses  thereof,  including  the  supposed  cost 
of  making  the  assessment  as  hereinafter  provided;  it  shall  be  the 
duty  of  the  City  Engineer  to  assist  the  committee  in  making 
said  estimate;  said  estimate  shall  be  made  in  writing,  and  shall 
be  submitted  to  the  council  in  connection  with  the  report. 

Sec.  2.  Whenever  such  improvement  shall  be  ordered  by 
the  council  the  order  therefor  may  be  in  the  following  form : 

M Ordered  that  street,  from  street  to 

street  be  planked,  (or  otherwise  improved  as  the  case 
may  be,)  with  (here  describe  the  materials  of  planking,  &c.,) 
and  the  sum  of  dollars  be  assessed  upon  the  real  es« 


ORDINANCES. 


145 


tatc  in  the  division  of  the  citv  benefitted  thereby,  to  defray 
expenses  of  such  improvement. 

Sec.  3.  When  the  assessment  shall  be  ordered,  the  city 
council  shall,  by  ballot,  elect,  three  reputable  freeholders  resi¬ 
ding  in  the  city  to  make  the  same;  if  elected  at  time  of  said 
order,  the  names  shall  be  recorded  by  the  clerk  in  connection 
therewith,  as  follows  : 

“  The  city  council  thereupon  proceeded  to  make  choice  by 
ballot  of  three  Commissioners  to  make  such  assessment.  On 
the  first  ballot  (or  as  the  case  may  be)  A.  B.  C.  D.,  &c.,  re¬ 
ceived  ballots  each  (or  as  the  case  may  be,)  which  being 
the  majority  of  all  the  Aldermen  of  the  city,  they  were  de¬ 
clared  duly  elected  as  Commissioners  to  make  the  said  assess¬ 
ment;  (if  the  election  be  held  subsequent  to  the  passage  of 
any  order  for  an  assessment,  the  order  should  be  so  changed 
as  to  conclude  after  the  word  commissioners  as  follows,  to  as¬ 
sess  the  sum  of  dollars,  on  the  real  estate  in  the 
division,  benefitted  by  the  (state  the  nature  of  the  improve¬ 
ment,)  in  pursuance  of  an  order  of  the  city  council,  passed 

185  .” 

Sec.  4.  The  clerk  shall  make  out  notices  of  the  appoint¬ 
ment  to  the  Commissioners,  requiring  them  to  appear  and  be 
qualified  as  such  within  five  days  after  the  service  of  notice. 
Notices  shall  be  served  by  the  City  Marshal.  Commissioners 
shall  take  the  following  oath,  to  be  entered  upon  or  attached 
to  their  assessment  roll.  “  The  undersigned  Commissioners, 
•appointed  by  the  city  council  of  the  city  of  Quincy,  to  assess 
the  sum  of  dollars  upon  the  real  estate,  by  us  deemed  bene¬ 
fitted  by  the  planking  of  (or  otherwise  improving,) 
street,  in  proportion  to  the  benefits  resulting  thereto,  as  near¬ 
ly  as  may  be,  do  solemnly  swear  that  we  will  faithfully  and 
impartially  execute  our  duty  according  to  the  best  of  our 
ability. 

A.  B. ) 

C.  I).  >  Commissioners. 

E.  F.  j 

Sworn  to  and  subscribed  before  me  this  day  of 

185  .  - * 


10 


146 


ORDINANCES. 


Sec.  5.  Before  entering  upon  their  duties,  the  said  Com¬ 
missioners  shall  give  at  least  six  days  notice  in  a  public  news¬ 
paper  printed  and  published  in  the  city  of  Quincy,  of  the  time 
and  place  of  meeting,  for  the  purpose  of  making  their  assess¬ 
ments;  and  they  may,  if  necessary,  adjourn  from  day  to  day. 
Such  notice  may  be  in  the  following  form  : 

COMMISSIONERS  NOTICE. 

Public  notice  is  hereby  given  to  all  persons  interested  that 
the  undersigned  Commissioners  appointed  by  the  city  council 
of  the  city  of  Quincy,  to  assess  the  sum  of  dollars  on  the 
real  estate  in  the  division,  by  us  deemed  benefitted 

by  the  (here  state  the  substance  of  the  order,)  will  meet  at 
in  said  division,  on  the  day  of  at  the 

hour  of  o’clock,  M.,  for  the  purpose  of  making  said  assess¬ 
ment  : 

A.  B. ) 

C.  D.  >  Commissioners. 

E.  F.j 

Quincy, - ,185  . 

The  Commissioners  shall  attach  to  their  assessment  roll  a 
certificate  of  such  publication,  signed  by  the  proprietor  of  such 
public  newspaper. 

Sec.  6.  The  Commissioners  shall  be  present  at  the  time 
and  place  mentioned  in  such  notice,  for  the  purpose  of  making 
the  assessment.  When  the  same  shall  be  completed,  it  shall 
be  entered  in  a  well  bound  book  to  be  provided  by  the  city, 
the  roll  shall  contain  the  names  of  the  owners  of  real  estate 
when  known,  a  description  of  the  lots  and  parts  of  lots  which 
may  be  assessed,  the  valuation  of  each  separately,  and  the 
sums  of  money  assessed  thereon.  It  may  be  in  the  following 
form  : 

ASSESSMENT  ROLL. 

A  description  of  the  real  estate  in  the  division 

of  the  city  of  Quincy,  deemed  benefitted  by  the  planking,  (or 
otherwise  as  the  case  may  be,)  street,  (or  part  of  street 

as  the  case  may  be,)  with  the  valuation  thereof,  and  the  sums 
of  money  severally  assessed  thereon  by  the  Commissioners, 
to-wit : 


ORDINANCES. 


147 


Original  town  (or  as  the  case  may  be.) 


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John  Smith,  3  10  1,000  $18,25  00  00 

Unknown,  5  11  500  9,12  00  00 

When  the  said  roll  shall  be  completed,  the  Commissioners 
shall  attach  thereto  a  return  which  may  be  in  the  following 
form : 

The  undersigned  freeholders  and  residents  of  the  city  of 
Quincy,  duly  elected  and  appointed  by  the  city  council  of  the 
city  of  Quincy,  to  assess  the  sum  of  dollars  on  the  real  es¬ 
tate  in  the  division  of  the  said  city,  by  us  deemed  benefit- 
ted  by  the  planking  street,  (or  otherwise  improving  the 
same,)  do  hereby  report  to  the  city  council :  That  in  pursu¬ 
ance  of  said  appointment  they  were  duly  qualified  before  en¬ 
tering  upon  their  duties  as  appears  by  the  oath  recorded  here¬ 
in,  that  they  published  a  notice  of  the  time  and  place  of  their 
meeting  for  the  purpose  of  making  such  assessment  in  the 
a  public  newspaper  printed  and  published  in  the  said  city,  for 
the  period  of  six  consecutive  days  previous  to  such  meeting;  a 
certificate  of  which  publication  is  hereto  annexed,  that  they 
were  present  at  the  time  and  place  and  for  the  purpose  desig¬ 
nated  in  the  said  notice,  and  did  then  and  there,  and  do  here¬ 
by  in  pursuance  of  said  appointment,  assess  the  said  sum  of 
money  upon  the  real  estate  hereinbefore  set  forth  and  describ¬ 
ed  as  benefitted  in  the  respective  proportions  of  said  sum  set 
opposite  to  each  lot  and  part  of  lot  respectively,  in  the  forego¬ 
ing  assessment  roll,  having  first  fixed  a  valuation  on  said  real 
estate,  which  is  likewise  set  forth  in  the  said  roll. 

All  of  which  is  respectively  submitted. 


A.  B. ) 

C.  D.  >•  Commissioners. 

E.  F.) 


Quincy, 


185 


148 


ORDINANCES. 


Sec.  7.  The  commissioners  shall  complete  the  assessment 
roll  and  file  the  same  in  the  office  of  the  City  Clerk,  within 
twenty  days  after  their  appointment,  unless  further  time  shall 
be  given  them  for  that  purpose.  The  Clerk  shall  thereupon 
cause  a  notice  of  the  return  of  such  assessment,  to  be  published 
for  six  days  in  some  public  newspaper  published  in  said  city, 
and  a  certificate  of  the  propriety  thereof  shall  be  written  upon 
or  attached  to  the  roll.  The  notice  may  be  in  the  following 
form  : 

ASSESSMENT  NOTICE. 

City  Clerk’s  Office, 

City  of  Quincy,  185  . 

Public  notice  is  hereby  given  to  all  persons  interested,  that 
the  Commissioners  appointed  by  the  City  Council  of  the  city 
of  Quincy  to  assess  the  sum  of  dollars  on  the  real  estate 
in  the  division  benefitted  by  (here  state  the  substance  of 
the  order)  have  completed  their  assessment,  and  made  return 
thereof  to  my  office.  .  Any  person  wishing  to  appeal  from  said 
assessment,  must  file  their  objections,  in  writing,  in  my  office, 
on  or  before  the  day  of  ,185  ,  at  o’clock,  m„ 

as  the  City  Council  will  then  at  that  time  meet  at  my  office 
to  hear  all  objections  to  the  assessment,  and  will  revise  and 
confirm,  or  annul  the  same.  A.  B»,  Clerk. 

Sec.  8.  When  all  objections  to  the  assessment  shall  have 
been  heard,  and  the  roll  revised  and  corrected  by  the  City 
Council,  an  order  of  confirmation  shall  thereupon  be  entered 
by  the  Clerk,  (if  such  order  shall  be  made,)  which  order  may 
be  in  the  following  form,  to  wit  : 

Whereas,  due  notice  has  been  given  by  the  City  Clerk,  of 
of  the  return  of  the  assessment  made  by  the  Commissioners 
appointed  by  the  City  Council,  on  the  day  of  185  , 
to  assess  the  sum  of  dollars  on  the  real  estate  in  di¬ 
vision,  benefitted  by  the  (here  state  the  nature  of  the  assess¬ 
ment,)  and  all  objections  to  such  assessment  having  been 
duly  heard  and  disposed  of  by  the  City  Council,  (or  “no  ob¬ 
jections  thereto  having  been  made,”  as  the  case  may  be,)  it  is 
therefore  ordered,  that  the  said  assessment,  as  revised  and  cor¬ 
rected  by  the  City  Council,  be  and  the  same  hereby  is  confirm- 


ORDINANCES, 


149 


ed.  It  is  further  ordered  that  a  warrant  be  issued  for  the  col¬ 
lection  thereof,  returnable  within  thirty  days  from  its  date. 

Sec.  9.  Warrants  issued  for  the  collection  of  any  special 
assessment,  may  be  in  the  following  form  : 

collector’s  warrant. 

State  of  Illinois,  ) 

City  of  Quincy,  j  The  people  of  the  State  of  Illinois,  to 
to  the  Marshal  and  Collector  of  the  city  of  Quincy,  greeting  : 

Whereas,  the  City  Council  of  the  city  of  Quincy  did  on  the 
day  of  185  ,  confirm  the  assessment  duly  made  and  filed 
in  the  City  Clerk’s  office,  by  the  Commissioner’s  appointed  by 
the  City  Council  to  assess  the  sum  of  dollars  on  real  es¬ 
tate  in  the  division  of  said  city,  deemed  benefitted  by 
(hei*b  state  the  terms  of  the  original  order,)  in  proportion  to 
the  benefits  resulting  thereto,  in  pursuance  of  an  order  for  said 
assessment  made  by  the  City  Council  on  the  day  of  , 
185  ,  (if  the  roll  has  been  revised  by  the  Council  then  add 
"“after  duly  revising  and  correcting  the  same,”)  and  did  there¬ 
by  assess  the  said  sum  of  money  upon  the  real  estate  described 
in  the  roll  of  said  assessment,  in  the  respective  proportions 
thereof  marked  “assessments,”  set  opposite  to  each  lot,  or  part 
of  lot,  and  described  in  said  roll,  wfiich  roll  is  in  the  words 
and  figures,  to  wit : 

ASSESSMENT  ROLL, 

(Here  insert  a  true  and  perfect  copy  of  the  corrected  assess¬ 
ment  roll,  with  a  blank  column  for  the  entry  of  payments.) 

Now,  therefore,  you  are  hereby  commanded  to  make  levy 
and  collect,  of  the  goods  and  chattels  of  the  respective  owners 
of  the  real  estate  above  described,  the  several  sums  of  money 
assessed  thereon,  for  which  each  may  be  liable  as  aforesaid, 
and  hereof  make  due  return  in  what  manner  you  shall  execute 
this  writ,  within  thirty  days  from  the  date  thereof. 

Witness  :  (J.  W.)  Mayor  of  the  city  of 

[l.  s.]  Quincy,  and  the  coporate  seal  thereof, 

this  day  of  185  . 

J.  W.  Mayor. 

Attest :  A.  B.  Clerk. 

Sec.  10.  The  Collector  shall  have  the  same  powers  in  the 


150 


ORDINANCES-. 


collection  of  warrants  for  assessment  as  for  general  taxes.  If 
any  part  of  the  assessment  shall  not  be  collected  by  the  re¬ 
turn  da}r  of  the  warrant,  lie  shall  make  return  thereof  in  the 
manner  required  for  the  return  of  the  delinquent  list  under 
the  revenue  act  of  said  city,  and  the  same  order  of  sale,  and 
notice  thereof,  shall  be  made  and  given  in  the  same  manner  as 
prescribed  by  the  ordinance  of  said  city,  relating  to  the 
revenue. 

All  assessments  for  special  tax,  as  aforesaid,  shall  be  charged 
to  the  Marshal  as  Collector,  and  said  Marshal  shall  be  liable 
therefor  in  the  manner  and  to  the  same  extent  as  for  general 
taxes. 

Sec.  11.  No  assessment  shall  be  deemed  to  be  invalid  in 

A 

any  case  where  the  same  shall  be  made  in  conformity  with  law, 
though  the  same  should  not  be  made  in  conformity  with  the 
proceedings  and  forms  herein  prescribed. 

Sec.  12.  That  whenever  the  city  shall  order  an  assess¬ 
ment  for  any  of  the  improvements  herein,  the  city  shall,  at  the 
cost  of  the  city,  make  the  like  improvements  at  the  squares  or 
cross  streets,  and  make  the  gutters  on  each  side  of  the  street 
where  the  improvements  are  made,  and  also  in  front  of  all 
alleys  and  public  ground. 

The  commissioners  appointed  under  this  ordinance  shall  re¬ 
ceive  as  a  compensation  for  each  day’s  actual  service,  the  sum 
of  two  dollars;  and  the  same  compensation  shall  be  allowed 
the  person  collecting  said  tax,  as  is  now  provided  for  like  ser¬ 
vice  under  the  revenue  ordinance  of  the  city.  Said  services 
to  be  paid  out  of  said  assessment,  and  to  be  made  a  part  of  the 
estimate  of  the  cost  of  said  improvement. 


ORDINANCES. 


151 


NO.  XXXIY. 

An  Ordinance  to  Establish  and  Regulate  the  Police  Department . 

Sec.  1.  Establishment  of — and  what. 

2.  How  appointed. 

3.  Term.  Salary. 

4.  Mayor  to  have  control  of.  May  remove. 

5.  Police  Constable  chief  of.  Duties  and  powers  of. 

6.  Watchmen.  Duties  of.  Powers  of.  Prohibitions. 

7.  Watchmen.  Age  of.  Oath.  Bond  required. 

8.  Fine.  Removal  from. 

9.  Calaboose.  Keeper  of. 

10.  Power  to  arrest.  How — when  and  who. 

11.  To  call  assistance.  Penalty  for  refusing. 

12.  Bail  maybe  given.  Form  of.  Statement  of  officer. 

13.  Police.  Who  may  call  out. 

14.  Bond.  Who  approved  by. 

15.  Fines  paid  over. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  there  shall  be  and  hereby  is  established  a  Po¬ 
lice  Department,  to  consist  of  the  mayor,  a  police  constable, 
and  such  watchmen  as  may  be  appointed  in  the  manner  here¬ 
inafter  prescribed. 

Sec.  2.  The  police  constable  and  watchmen  shall  be  ap¬ 
pointed  by  the  city  council,  and  any  candidate  for  either  of 
said  offices  receiving  a  majority  of  the  votes  cast  shall  be  de¬ 
clared  elected,  any  ordinance  to  the  contrary  notwithstanding. 

Sec.  3.  The  police  constable  and  watchmen  shall  hold  their 
appointment  for  the  time  specified  in  the  order  making  their 
appointment,  (unless  discharged  as  hereinafter  provided)  and 
shall  receive  such  salary  as  shall  be  designated  therein. 

Sec.  4.  The  mayor  shall  have  the  general  supervision  and 
control  of  the  city  police.  He  shall  from  time  to  time  make 
such  regulations  touching  their  duties  under  the  ordinance,  as 
to  him  shall  seem  best  for  the  maintainance  of  order  in  the 
city,  and  for  enforcing  a  due  observance  of  the  ordinances 
thereof.  He  shall  require  of  the  city  police  a  strict  perform¬ 
ance  of  their  duties;  and  in  the  case  of  the  neglect  or  refu¬ 
sal  of  any  officer  appointed  under  and  by  virtue  of  this  ordi- 


152 


ORDINANCES 


nance  to  perform  his  duty,  or  for  any  drunken  or  riotous 
conduct,  it  shall  be  his  duty  to  discharge  the  officer  so  neglecting 
or  refusing,  from  the  service  of  the  city,  and  appoint  a  substi¬ 
tute  to  serve  until  the  next  meeting  of  the  city  council  thereaf¬ 
ter. 

Sec.  5.  The  police  constable  shall  be  chief  of  the  city 
police,  (subordinate  only  to  the  mayor  and  council  in  session) 
and  all  the  watchmen  shall  be  in  subordination  to  him,  except 
in  cases  otherwise  provided  by  ordinance.  It  shall  be  his  duty 
to  collect  all  dues  coming  to  the  city  (not  peculiarly  within 
the  province  of  the  marshal  to  collect.)  He  shall  see  that  the 
sidewalks,  streets  and  alleys  arc  kept  free  from  rubbish  and 
other  impediments,  and  that  the  ordinances  are  strictly  con¬ 
formed  to.  It  shall  also  be  his  duty  to  see  that  the  watchmen 
are  on  duty  every  night;  appoint  their  different  districts  or 
beats  each  evening,  and  in  case  of  the  sickness  or  necessary 
absence  of  any  of  the  watchmen,  to  employ  a  substitute  or  sub¬ 
stitutes  until  his  or  their  return  to  duty,  or  until  the  next  meet¬ 
ing  of  the  city  council.  It  shall  also  be  the  duty  of  the  police 
constable  to  report  to  the  city  council,  at  their  stated  meet¬ 
ings,  monthly,  the  number  of  nights  each  watchman  has  perform¬ 
ed  duty  in  the  preceding  month,  which  report  shall  be  verified 
by  the  oath  of  said  constable. 

Sec.  G.  It  shall  be  the  duty  of  the  watchmen  to  meet  at 
3uch  places  as  may  be  designated  by  the  police  constable, 
every  evening  at  nine  o’clock,  and  to  continue  in  active  duty 
until  four  o’clock,  a.  m.,  from  April  the  first  until  October  the 
first;  and  until  five  o’clock,  a.  m.,  the  remainder  of  the  year, 
under  such  rules  as  may  be  provided  by  the  mayor  or  police 
constable.  The  watchmen  shall  have  power  and  authority  for 
the  purpose  of  making  arrests  and  quelling  disorders  while  on 
duty;  to  enter  in  a  peaceable  manner,  or  if  resisted,  after  de¬ 
mand  made,  with  force  into  any  house,  store,  shop,  grocery  or 
other  building,  whatever,  where  any  illegal  practices  or  viola¬ 
tions  of  the  ordinances  are  being  carried  on.  But  no  watch¬ 
man  shall,  while  on  duty  as  such,  enter  any  public  house,  dram 
shop  or  drinking  saloon,  except  for  the  purpose  of  making  ar¬ 
rests  or  quelling  disorders. 


ORDINANCES. 


153 


Sec.  7.  Every  person  appointed  on  the  police  of  tlie  city  as 
hereinbefore  provided  for,  shall  not  be  less  than  twenty-five 
and  not  more  than  fifty  years  of  age,  and  at  the  time  of  his  ap¬ 
pointment  shall  have  resided  in  the  city  at  least  two  years 
next  preceding  his  appointment,  and  he  shall  be  able  to  speak 
the  English  language  distinctly,  and  not  interested  or  employ¬ 
ed  in  the  keeping  of  any  tavern,  inn,  coffee  house,  beer  house 
or  dram  shop;  and  before  entering  upon  the  duties  of  his  office, 
take  and  subscribe  an  oath  that  he  will,  during  his  continuance 
in  such  office,  faithfully  discharge  the  duties  of  the  same  to 
the  best  of  his  ability,  and  shall  give  bond  with  security' — the 
police  constable  in  the  sum  of  $1,000,  and  the  watchmen  in  the 
sum  of  $200  each,  to  be  approved  by  the  city  council. 

Sec.  8.  Any  person  appointed  to  any  office  under  the  pro¬ 
visions  of  this  ordinance,  who  shall  be  derelict  in  the  perform¬ 
ance  of  his  duties  therein  in  any  particular,  shall  on  conviction 
thereof,  be  fined  in  a  sum  not  less  than  five  nor  more  than  fifty 
dollars,  and  shall  forfeit  all  arrears  that  may  be  due  him  from 
the  city  for  services  in  said  office,  besides  being  subject  to  re¬ 
moval  as  hereinbefore  provided;  said  fine  to  be  sued  for  and 
recovered  as  in  cases  of  other  breaches  of  the  city  ordinances. 

Sec.  9.  There  shall  be  designated  from  time  to  time  by 
the  city  council,  a  calaboose,  jail,  or  city  prison,  within  the 
limits  of  said  city,  for  the  punishment  of  such  offenders  by  im¬ 
prisonment  therein,  as  shall  fail  or  refuse  to  pay  the  fines  and 
forfeitures  which  may  be  rendered  against  them,  or  shall  re¬ 
fuse  or  fail  to  give  bail  when  arrested  to  answer  for  any  vio¬ 
lation  of  any  ordinance  of  the  city,  or  shall  be  subject  to  im¬ 
prisonment  under  the  authority  of  any  ordinance.  The  police 
constable  shall  have  charge  of  the  calaboose,  subject  to  and 
under  the  supervision  of  the  mayor. 

Sec.  10.  The  members  of  the  city  police  shall  be  regular 
and  punctual  in  the  discharge  of  their  duties;  they  shall  to  the 
best  of  their  abilities,  preserve  order,  quiet  and  peace  through¬ 
out  the  city;  they  shall  arrest  without  warrant,  any  person 
found  violating  any  law  or  ordinance;  any  person  making  loud 
and  unusual  noises,  or  otherwise  disturbing  the  quiet  and 
order  of  the  city;  any  person  found  at  any  time  of  day  or  night, 


154 


ORDINANCES. 


being  in  a  state  of  intoxication,  in  any  street,  sidewalk,  alley 
or  other  public  or  exposed  place  in  said  city;  any  person  who 
shall  be  exhibiting  in  said  city  any  indecent  act  or  conduct, 
calculated  in  any  way  to  disturb  the  peace  and  good  order  by 
collecting  crowds  on  the  streets,  sidewalks  or  elsewhere  in 
said  city  or  otherwise;  any  person  using  in  any  public  or  ex¬ 
posed  place  in  said  city,  obscene  or  boisterous  language.  They 
shall  also  arrest  without  warrant  all  persons  who  may  be 
found  lurking  about  under  suspicious  circumstances,  and  secure 
them  for  examination;  the  officer  making  any  such  arrest  shall 
forthwith  take  the  party  arrested  before  a  police  magistrate, 
to  be  dealt  with  according  to  law  and  as  provided  by  the  or¬ 
dinances.  Should  the  officer  make  such  arrest  in  the  night, 
or  at  any  other  time  when  a  police  court  is  not  in  session,  he 
shall  convey  the  party  to  the  calaboose,  and  there  detain  him 
until  the  sitting  of  the  next  police  court  thereafter,  unless  bail 
be  given  as  provided  in  section  “twelve’7  of  this  ordinance. 

Sec:  11.  The  mayor,  marshal,  and  every  member  of  the 
police  department,  are  hereby  severally  authorized  to  call 
upon  any  inhabitant  of  the  city  to  assist  in  quelling  any  riot¬ 
ous  or  disorderly  conduct,  or  to  aid  in  arresting  or  safe  keep¬ 
ing  any  person  accused  of  crime  or  breach  of  the  law  or  ordi¬ 
nance;  and  any  inhabitant  so  called  on  who  shall  neglect  or 
refuse  to  give  such  aid  and  assistance  to  the  best  of  his  ability, 
shall  be  subject  to  a  fine  of  not  less  than  five  nor  more  than 
fifty  dollars,  to  be  sued  for  and  recovered  as  in  other  cases  of 
other  breaches  of  city  ordinances. 

Sec.  12.  Any  person  arrested  without  warrant  for  any  of¬ 
fence,  under  any  ordinance,  shall  have  the  right  to  release  him¬ 
self  or  herself  from  custody  by  giving  bail  or  recognizance  for  his 
appearance  at  the  opening  of  the  next  police  court  thereafter, 
and  for  his  remaining  to  answer  said  offence,  which  said  recog¬ 
nizance  shall  be  in  form  and  substance  substantially  as  follows: 

State  of  Illinois,  | 

City  of  Quincy,  )  *  Know  all  men  by  these  presents,  that 

we,  A.  B.  and  C.  D.,  are  severally  and  jointly  held  and  bound 
unto  “the  city  of  Quincy,”  in  the  penal  sum  of 
dollars,  for  the  payment  whereof  we  hereby  jointly  and  sever- 


ORDINANCES. 


155 


ally  bind  ourselves,  our  heirs,  executors,  or  administrators. 
Signed  and  sealed  this  day  of  A.  D.  185  % 

The  condition  of  this  recognizance  is  such,  that  whereas, 
the  above  bonnden  A.  B.  has  this  day  been  arrested  by  M.  N‘, 
police  constable  for  the  city  of  Quincy,  (or  C.  P.,  watchman, 
as  the  case  may  be.)  charged  with  a  violation  of  an  ordinance 
of  said  city,  (here  insert  the  title  thereof,)  in  this,  to  wit : 
(here  describe  the  particular  breach  in  the  language  of  the  or. 
dinance,)  on  the  day  of  A.  D.,  185  .  Now,  if  the 
said  A.  B.  shall  personally  be  and  appear  before  the  police 
court  within  and  for  the  city  of  Quincy,  at  the  first  regular  meet¬ 
ing  thereof  next  to  be  liolden,  and  shall  remain  and  abide  the 
order  of  the  court,  and  not  depart  without  leave,  then  the  re¬ 
cognizance  shall  be  void,  otherwise  to  remain  in  full  force  and 

virtue.  Acknowledged  before  me  A - B -  [l.  s.] 

C— —  D -  [l.  sj 

M - N - ,  Marshal,  or 

C - P - ,  Watchman,  or 

J - B - ,  Police  Constable. 

To  which  recognizance  thus  executed  and  ackowledged,  the 
person  making  the  arrest  shall  add  a  statement  of  the  form 
and  effect  following,  to  wit : 

A - B - ,  to  the  city  of  Quincy,  Dr. 

To  dollars,  for  breach  of  ordinance,  as  specified  in 

the  above  and  foregoing  recognizance.  The  amount  of  said 
recognizance  and  statement  shall  in  no  case  exceed  one  hundred 
dollars,  and  may  be  varied  according  to  the  penalty  for  the 
violation  charged,  and  the  same  shall  be  filed  with  the  police 
magistrate,  on  or  before  the  opening  of  the  court. 

Sec.  13.  The  city  police  shall  be  subject  at  all  times,  day 
or  night,  to  be  called  out  by  the  mayor,  aldermen  or  police 
magistrates,  to  make  arrests,  quell  disorders,  maintain  peace, 
or  suppress  riots  in  said  city. 

Sec.  14.  In  all  cases  of  arrest,  when  the  parties  arrested, 
wish  to  give  bond  for  appearance  as  herein  above  provided, 
said  bond  shall  be  approved  by  a  police  magistrate,  if  conve¬ 
nient,  when  such  approval  is  not  convenient  to  be  had,  said 
bond  shall  be  approved  by  the  officer  making  the  arrest. 

Sec.  15.  All  fines  and  penalties  collected  under  this  ordi- 


156 


ORDINANCES. 


nance,  shall  be  paid  by  the  officer  collecting  to  the  police  mag¬ 
istrate,  and  by  him  paid  over  to  the  treasurer. 


NO.  XXXV. 

An  Ordinance  Regulating  the  Erection  and  use  of  Scales  on 

Streets,  fyc. 

Skc.  1.  License  required.  Terms  of. 

2.  On  private  property. 

3.  Register  to  Keep. 

4.  Fee  for  Weighing. 

5.  Penalty. 

Section  1.  Re  it  Ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  all  persons  now  owning  or  renting  Hay  Scales, 
or  any  scales  used,  being  built  or  to  be  erected  on  any  street,, 
alley  or  public  grounds  within  the  limits  of  said  city,  shall  ob¬ 
tain  license  for  the  use  thereof  from  the  city  council  of  said  city 
in  the  same  manner  that  other  licenses  are  now  granted.  The 
terms  and  condition  of  said  license  to  be  determined  by  the 
council,  whenever  application  is  made  therefor. 

Sec.  2.  All  persons  having,  or  who  shall  hereafter  erect 
scales  on  any  private  property  or  enclosure  within  the  limits 
of  said  city  for  hire  or  using  for  a  compensation  shall  procure 
a  license  therefor. 

Sec.  3.  All  persons  owning  scales  for  hire  shall  keep  a 
Register  of  all  commodities  weighed  by  them.  Said  register 
showing  the  true  weight  and  tare  thereto  belonging,  and  shall 
hold  the  said  register  subject  to  the  inspection  of  all  persons 
interested  therein. 

Sec.  4.  All  persons  owning  scales  may  collect  for  the  use 
of  said  scales,  and  making  and  delivering  the  proper  certificate 
of  the  true  weight  and  tare  of  any  commodity,  the  sum  of 
“ twenty  cents,''  for  each  and  every  load  or  draft  of  the  capacity 
of  said  scales. 

Sec.  5.  All  persons  violating  this  ordinance  shall  forfeit 
and  pay  for  the  use  of  said  city,  a  sum  of  not  less  than  ten  nor 
more  than  fifty  dollars  for  every  offence. 


ORDINANCES. 


157 


NO.  XXXVI. 

An  Ordinance  to  Restrain  Bowling  or  Ten  Pin  Alleys. 

Sec.  1.  Licenses  required.  Price  of. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  no  person  shall  keep  a  Bowling  or  Ten  Pin  Al¬ 
ley,  within  the  limits  of  the  city,  without  having  first  obtained 
a  license  therefor  from  the  city  council ;  which  license  shall  be 
granted  for  one  year,  on  payment  to  the  city  clerk  of  the  sum 
of  fifty  dollars,  and  at  that  rate  for  a  shorter  time. 

Sec.  2.  Be  it  farther  ordained ,  That  any  person  who  shall 
violate  the  provisions  of  this  ordinance,  shall  forfeit  and  pay 
to  the  city,  not  more  than  twenty-five  nor  less  than  five  dollars 
for  each  and  every  offence,  which  shall  be  collected  as  other 
penalties  are  for  violation  of  city  ordinances. 


NO.  XXXVII. 

An  Ordinance  authorizing  and  requiring  the  City  Clerk  to  perform 
the  duties  of  Inspector  of  Weights  and  Measures  in  certain  cases , 

Sec.  1.  City  Clerk  to  inspect. 

2.  Clerk’s  fee. 

3.  Penalty  for  refusing  to  permit  Clerk  to  examine. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  city  clerk  be  and  is  hereby  authorized  and 
required  on  application  of  any  party  interested,  to  repair  to 
the  place  of  business  of  any  person  designated  in  such  applica¬ 
tion,  and  inspect,  seal  and  deliver  certificate  of  inspection  of 
aany  and  all  weights  and  measures  then  held  for  use  at  such 
place  of  business  as  the  applicant  shall  require. 

Sec.  2.  The  clerk  shall  receive  from  the  party  making 
’Such  application,  the  sum  of  one  dollar  for  each  and  every  cer¬ 
tificate  of  such  inspection,  as  fees  for  his  services. 

Sec.  3  Any  owner  or  person  using  scales  or  implements  of 


158 


ORDINANCES. 


weights  and  measures  who  shall,  in  any  manner  refuse  to  per¬ 
mit  or  prevent  his  weights  and  measures  being  examined  by 
the  city  clerk  on  application,  of  said  clerk  within  reasonable 
business  hours,  shall  forfeit  and  pay  for  the  use  of  said  city 
the  sum  of  ten  dollars  for  each  and  every  offence;  said  pen¬ 
alty  to  be  collected  in  the  same  manner  as  other  fines  and 
penalties. 


NO.  XXXYIII. 

An  Ordinance  entitled  l'An  Ordinance  for  the  protection  of  Gas 
Lights,  and  the  interests  of  the  Quincy  Gas  and  Coke  Company." 

Sec.  1.  No  person  shall  turn  on.  Penalty. 

2.  No  person  shall  break,  &c.  Penalty. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  no  person  not  authorized  by  the  city  council  of 
said  city  or  by  the  Quincy  Gas  and  Coke  Company,  shall  turn 
on,  open  or  shut  off  the  Gas,  or  in  any  manner  deface  or  inter¬ 
fere  with  the  Gaspipes  or  in  any  way  obstruct  the  light  of  the 
lamps  in  the  streets  of  the  city.  Every  person  so  offending 
shall  forfeit  and  pay  for  the  use  of  said  city,  not  less  than  five 
nor  more  than  one  hundred  dollars  for  each  and  every  offence. 

Sec.  2.  Any  person  who  shall  deface,  break  or  in  any 
manner  injure  any  lamp,  lamp-post  or  any  fixture  or  attach¬ 
ment  to  lamps,  lamp-posts,  burners,  gas  works,  or  any  other 
construction  of  the  Quincy  Gas  and  Coke  Company  of  the  city 
of  Quincy,  or  shall  drive  against  or  tie  any  horse  or  other  ani¬ 
mal  to,  or  in  any  manner  injure  the  lamp-posts  in  said  city,, 
shall  forfeit  and  pay  for  the  use  of  said  Gas  and  Coke  Compa¬ 
ny,  not  less  than  five  nor  more  than  one  hundred  dollars  for 
every  offence;  this  penalty  to  be  sued  for  by  the  agent  of  said 
Gas  and  Coke  Company,  before  any  Magistrate  having  juris¬ 
diction. 


ORDINANCES. 


159 


NO.  XXIX. 

An  Ordinance  Regulating  the  issuing  of  Licenses ,  Sfc. 

Sec.  1.  Application  made  to  Council. 

2.  Power  to  revoke. 

3.  To  be  closed.  Hour  of. 

4.  To  complain.  Who  may. 

5.  Penalty.  Revocation.  Notice  Clerk  to  give. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  hereafter  no  license  shall  be  issued  by  the  city 
clerk,  for  the  keeping  of  Restaurants.  Eating-houses  or  Sa¬ 
loons,  wherein  spirits,  spirituous  liquors,  wines,  beer,  or  ale 
are  sold,  until  the  application  for  the  same  shall  have  been 
presented  to  and  approved  by  the  city  council,  and  an  order 
made  for  the  issuing  of  the  same. 

Sec.  2.  Be  it  further  ordained ,  That  all  licenses  hereafter 
issued  for  the  keeping  of  groceries,  restaurants,  eating-houses 
or  saloons,  wherein  spirits,  spirituous  liquors,  wines,  beer  or 
ale  are  sold,  may  be  revoked  and  rendered  null  and  void, 
whenever  the  city  council  shall  so  declare,  by  a  majority  of  the 
votes  of  the  members  of  the  Board  present. 

Sec.  3.  Be  it  further  ordained ,  That  all  restaurants,  eating- 
houses,  saloons  and  all  places  at  or  wherein  spirits,  spirituous 
liquors,  wine,  beer,  or  ale  are  sold,  shall  be  closed  at  all  times 
at  and  after  eleven  o’clock  in  the  evening. 

Sec.  4.  Be  it  further  ordained ,  That  it  may  be  lawful  for 
any  citizen,  and  it  shall  be  the  duty  of  the  City  Marshal,  Po¬ 
lice  Constable  and  Night  Watch,  to  make  complaint  before 
the  Police  Magistrate  for  any  violation  of  this  ordinance. 

Sec.  5.  Be  it  further  ordained ,  That  any  proprietor  or  oc¬ 
cupant,  having  charge  of  any  restaurant,  eating-house,  saloon 
or  place  of  public  resort  who  shall  violate  this  ordinance,  shall 
forfeit  and  pay  for  the  use  of  said  city,  the  sum  of  twenty  dol¬ 
lars  for  the  first  offence,  and  not  less  than  forty  dollars  for  the 
second  and  each  subsequent  offence,  to  be  recovered  as  other 
penalties  for  violation  of  the  city  ordinance;  and  if  the  person 
convicted  shall  be  the  keeper  of  a  licensed  house,  the  city  coun¬ 
cil  shall  have  power,  and  it  shall  be  lawful  for  them  to  declare 


1G0 


ORDINANCES. 


said  license  forfeited;  and  upon  the  forfeiture  of  any  license 
under  this  ordinance,  it  shall  be  the  duty  of  the  city  clerk  to 
give  to  the  party  whose  license  has  been  declared  forfeited,  a 
written  notice  thereof  within  twenty -four  hours  thereafter. 


NO.  XL. 

An  Ordinance  Relating  to  the  sale  of  Spirituous  or  Vinous  Liquors. 

Sec.  1.  License  required. 

2.  Application  for.  Time  of. 

3.  Keep  one  place  only.  Proviso. 

4.  Not  assignable.  Proviso. 

5.  Amount  to  be  paid. 

6.  Bond  required. 

7.  Clerk  to  keep  register. 

8.  Penalty. 

9.  Clerk’s  fee. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  no  person  or  co-partnership  shall  in  the  city  of 
Quincy,  directly  or  indirectly  in  person  or  by  another  person 
sell,  barter,  or  deliver,  or  knowingly  permit  to  be  sold,  bar¬ 
tered  or  delivered  for  or  on  his  or  their  account,  any  spiritu¬ 
ous  or  vinous  liquors  in  less  quantities  than  one  gallon  with¬ 
out  a  license  first  obtained  according  to  the  provisions  of  this 
ordinance  as  a  grocery  or  drinking  saloon. 

Sec.  2.  Any  person  wishing  to  keep  a  grocery  or  drinking 
saloon,  shall  make  application  to  the  city  council  therefor,  and 
if  said  application  shall  be  granted  by  said  council,  upon  pay¬ 
ment  to  the  city  clerk  by  said  applicant  of  the  sum  hereinafter 
required;  lie  shall  issue  license  to  said  applicant  to  keep  a  gro¬ 
cery  or  drinking  saloon  as  applied  for,  not  less  than  six  nor 
more  than  twelve  months  from  the  date  of  the  license  at  the 
place  designated  in  said  application. 

Sec.  3.  No  person  or  persons  so  licensed,  shall,  under  such 
license,  keep  a  grocery  or  drinking  saloon  at  any  other  place 
than  the  place  so  designated;  Provided ,  that  lie  or  they  may  re¬ 
move  the  carrying  on  of  such  business,  during  the  continuance 


ORDINANCES. 


161 


of  such  license  from  the  tenement  designated  therein  to  any 
other  tenement  upon  permission  from  the  city  council. 

Sec.  4.  No  license  granted  under  this  ordinance  shall  be 
assignable  or  transferable,  only  by  permission  of  the  city  coun¬ 
cil  and  upon  such  transfer  being  made,  the  party  to  whom 
transferred  shall  give  bond  with  good  and  sufficient  security 
the  same  as  in  the  granting  of  a  new  license. 

Sec.  5.  For  a  license  for  a  grocery  or  drinking  saloon 
there  shall  be  paid  by  the  applicant,  before  granting  the  same, 
the  sum  of  two  hundred  dollars  for  twelve  months  or  one  hun¬ 
dred  dollars  for  six  months,  and  any  such  license  shall  author¬ 
ize  the  keeping  of  said  grocery  or  drinking  saloon  at  one  place 
only. 

Sec.  6.  The  applicant  before  the  license  is  granted  as  afore¬ 
said,  shall  execute  a  bond  payable  to  the  city  of  Quincy,  in  the 
penal  sum  of  five  hundred  dollars  with  one  or  more  securities, 
to  be  approved  by  the  city  clerk  conditioned,  that  the  applicant 
will  keep  an  orderly  house,  and  keep  the  same  closed  at  all 
times  on  the  sabbath  day,  and  not  permit  any  unlawful  gaming  or 
riotous  conduct  in  his  house  at  any  time,  and  that  he  will  observe 
and  keep  all  the  ordinances  of  said  city  then  in  force,  or  that 
may  be  passed  during  the  continuance  of  said  license,  touch¬ 
ing  and  governing  groceries  or  drinking  saloons,  or  any  order 
made  in  relation  thereto  by  the  city  council. 

Sec.  7.  The  city  clerk  shall  keep  a  registry  of  the  licenses 
granted  under  this  ordinance,  to  whom  granted,  the  time  when 
granted  and  the  time  the  same  expires,  and  shall  pay  all  mon¬ 
ies  arising  therefrom  into  the  city  treasury^ 

Sec.  8,  Whoever  shall  violate  any  of  the  provisions  of  this 
ordinance,  shall  for  the  first  offence,  forfeit  and  pay  for  the  use 
of  said  city  not  less  than  ten  nor  more  than  fifty  dollars,  and 
for  the  second  and  each  subsequent  offence  not  less  than  twen¬ 
ty  nor  more  than  one  hundred  dollars,  to  be  recovered  as  other 
penalties. 

Sec.  9.  There  shall  be  paid  by  the  applicant  to  the  clerk 
as  his  fee  for  making  out  said  license  and  taking  bond  the  sum 
of  one  dollar. 


162 


ORDINANCES-. 


NO.  XLI. 

An  Ordinance  Relating  to  the  sale  of  Fermented  Liquors. 

Sec.  1.  Licenses  required. 

2.  Keeper  of.  Defined. 

3.  Prohibition. 

4.  Not  transferable.  Proviso. 

5.  Application  for. 

6.  Time  of.  Amount  to  be  paid. 

7.  Clerk  to  keep  register. 

8.  Not  to  be  kept  open — when. 

9.  Bond  required. 

10.  Penalty. 

111.  License  forfeited. 

12.  Clerk’s  fee. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy ,  That  no  person,  or  copartnership  of  persons,  except 
those  having  a  grocery  license,  shall  in  the  city  sell  or  keep 
for  sale  to  be  drank  on  the  premises  by  the  small  or  glass,  any 
beer,  ale  or  other  fermented  liquors,  or  shall  suffer  the  same 
to  be  so  bartered  or  sold  without  license  first  obtained,  accord¬ 
ing  to  this  ordinance. 

Sec.  2.  A  keeper  of  a  beer  house  is  a  person  permitted  by 
law,  being  licensed  according  to  the  provisions  of  this  ordi¬ 
nance,  to  sell  fermented  liquors  in  any  quantity  less  than  one 
quart,  to  be  drank  at  the  place  of  sale. 

Sec.  3.  No  keeper  of  a  beer  house  shall  barter  or  give 
away  beer  at  his  house,  any  wine  or  spirituous  liquors  under 
any  pretence  whatever. 

Sec.  4.  No  license  granted  under  the  provisions  of  this  or¬ 
dinance,  shall  be  assignable  or  transferable,  nor  shall  a  person 
so  licensed  keep  a  beer  house  at  any  other  place  than  the  one 
designated  by  his  application.  Provided ,  however ,  that  he  may 
remove  the  carrying  on  said  business  during  the  continuance 
of  said  license,  to  any  other  tenement  in  the  city,  or  assign  or 
transfer  the  said  license  only  upon  permission  of  the  city 
council. 

Sec.  5.  Any  person  wishing  to  keep  a  beer  house  in  said 
city  shall  make  application  to  the  city  council  therefor,  and  if 


ORDINANCES. 


163 


said  application  shall  be  granted,  upom  payment  by  said  applb 
(  cant  of  the  sum  hereinafter  required?  the  Clerk  shall  issue 
license  to  said  applicant  to  keep  a  beer  house. 

Sec.  6.  The  rate  of  license  shall  be  as  follows,  to-wit :  for 
six  months  the  applicant  shall  pay  the  sum  of  twenty-five  dol¬ 
lars,  for  twelve  months  the  sum  of  fifty  dollars,  and  no  license 
shall  be  granted  for  a  less  time  than  six  months,  nor  for  a 
longer  time  than  twelve  months  at  any  one  time. 

Sec.  7.  The  clerk  shall  keep  a  registry  of  the  names  of  all 
persons  taking  out  license  under  the  provisions  of  this  ordi¬ 
nance,  and  the  place  where  the  business  is  to  be  carried  on,  and 
the  time  when  granted,  and  when  the  same  expires;  and  shall 
pay  all  money  received  therefrom  into  the  city  treasury. 

Sec.  8.  No  person  licensed  under  this  ordinance  shall  un¬ 
der  the  provisions  thereof,  under  any  pretext  whatever  keep 
open  his  house  for  the  sale  of  his  liquors,  or  for  the  purpose 
of  permitting  the  same  to  be  drank  therein  on  the  Sabbath 
day. 

Sec.  9.  The  applicant  before  the  license  is  granted,  as  afore¬ 
said,  shall  execute  a  bond,  payable  to  the  city  of  Quincy,. in  the 
penal  sum  of  two  hundred  dollars,  with  one  or  more  securities, 
to  be  approved  by  the  City  Clerk,  conditioned  that  the  appli¬ 
cant  will  keep  an  orderly  house,  and  keep  the  same  closed  at 
all  times  on  the  Sabbath  day,  and  not  permit  any  unlawful 
gaming  or  riotous  conduct  in  his  house  at  any  time,  and  that 
he  will  observe  and  keep  all  the  ordinances  of  said  city  then 
in  force,  or  that  may  be  passed  during  the  continuance  of  said 
license  touching  and  governing  beer  houses,  or  any  order 
made  in  relation  thereto  by  the  city  council. 

Sec.  10.  Whoever  shall  violate  the  provisions  of  this  ordi¬ 
nance,  shall  forfeit  andpay  to>  the  city,  to  be  collected  as  other 
penalties  for  violation  of  city  ordinances,  the  sum  of  not  less 
than  ten  nor  more  than  twenty-five  dollars  for  the  first  offence, 
and  for  the  second  and  each  subsequent  offence,  not  less  than 

twentv  nor  more  than  one  hundred  dollars. 

•/ 

Sec.  11.  If  any  person  having  a  license  under  this  ordi¬ 
nance  shall  barter,  sell  or  give  away  to  be  drank  in  his  house, 


164 


ORDINANCES. 


any  spirituous  liquors  under  color  of  his  license,  upon  convic¬ 
tion  his  license  shall  be  forfeited. 

Sec.  12.  The  Clerk  shall  receive  as  a  fee  for  granting  a 
license  under  this  ordinance,  and  taking  bond,  the  sum  of  one 
dollar. 


NO.  XLII. 

An  Ordinance  Relating  to  Streets  and  Capitation  or  Road  Tax. 
for  improving  and  repairing  the  same. 

Sec.  1.  Tax  levied.  Proviso, 

2.  Fire  companies.  Secretaries  of. 

3,  Duties  of  clerk.  Marshal  to  collect,  &c. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  every  male  inhabitant  of  said  city,  not  exempt 
by  law  from  road  labor,  over  the  age  of  twenty-one  years,  and 
under  the  age  of  fifty  years,  shall  pay  annually  as  a  capitation 
or  road  tax,  the  sum  of  one  dollar  and  fifty  cents,  for  the 
purpose  of  improving  and  repairing  the  streets  throughout 
the  city  :  Provided ,  that  all  clergymen  shall  be  exempt  from 
said  tax. 

Sec.  2.  Be  it  further  ordained ,  That  the  Secretary  of  each 
and  every  fire  company  be  and  is  hereby  required  to  file  with 
the  Clerk  of  the  city  on  or  before  the  first  day  of  May,  in  each 
and  every  year,  a  full  and  complete  list  of  the  acting  members 
thereof,  which  list  shall  be  taken  as  evidence  of  membership 
therein,  and  all  persons  so  returned  shall  be  exempt  from  the 
tax  levied  by  this  ordinance. 

Sec.  3.  Be  it  further  ordained,  That  the  City  Clerk  shall 
make  out  and  deliver  to  the  City  Marshal  a  list  of  all  persons 
liable  to  said  tax,  so  far  as  known,  which  tax  list,  when  so  de¬ 
livered  to  said  Marshal,  shall  be  collected  by  him  in  the  same 
manner  that  other  taxes  are,  and  said  Marshal  shall  have  the 
same  power  to  collect  said  tax  list,  as  he  has  for  collecting  the 
general  revenue  under  the  ordinances  of  the  city,  and  shall 
receive  the  same  per  cent  for  collecting. 


ORDINANCES. 


165 


NO.  XLIII. 

Jin  Ordinance  Defining  the  Lamp  District ,  and  authorizing  the 
levying  of  a  Special  Tax  on  the  Real  Estate  therein . 

Sec.  1.  Definition  of.  Extended  how. 

2.  Tax  to  be  levied. 

3  How  levied  and  collected. 

Section  1.  Be  it  ordained  hy  the  City  Council  of  the  city  of 
Quincy ,  That  all  real  estate  situate  within  two  hundred  feet 
of  the  public  Lamp  Posts  which  may  be  erected  in  any  street, 
lane  or  avenue  on  the  first  Monday  in  April  in  each  year,  shall 
be  deemed  the  Lamp  District  of  the  city.  The  limits  of  said 
district  may  be  extended  from  time  to  time  by  the  extension  of 
public  lamps  by  a  resolution  of  the  City  Council. 

Sec.  2.  Be  it  further  ordained ,  That  on  all  real  estate  situ¬ 
ate  within  said  lamp  district,  that  an  annual  tax  shall  be  levied 
sufficient  to  defray  two-thirds  of  the  expense  of  the  gas  and  of 
lighting  the  public  lamps  therein. 

Sec.  3.  Be  it  further  ordained ,  That  said  tax  shall  be  levied 
and  collected  at  the  same  time  and  in  the  same  manner  that 
the  general  taxes  are  levied  and  collected. 


166 


ORDINANCES. 


NO.  XLIV. 

An  Ordinance  Concerning  the  Assessment  of  Taxes  and  the  Col¬ 
lection  of  the  Revenue. 

Sec.  1.  Wards.  Division  of. 

2.  Assessors.  Appointment  of.  Duties  of. 

3.  Clerk  to  make  list  for  Assessors. 

4.  Form  of. 

.  »  V 

5.  Personal  list. 

6.  Assessor’s  duties. 

7.  Powers  of. 

8.  Assessor’s  return — and  form  of. 

9.  Notice  to  be  given  by  Clerk. 

10.  Confirmation  of  Rolls. 

11.  City  Clerk  to  deliver  copy  of  list  to  Marshal. 

12.  Marshal  to  give  bond.  Bond  to  be  filed  with  Clerk.  Marshal 
to  collect  taxes. 

13.  Marshal  to  call  upon  tax  payers.  May  give  notice  of  place 
and  time  of  receiving  taxes.  Marshal’s  duties. 

14.  Marshal  may  seize  personal  property  for  tax.  Marshal’s 
duties. 

15.  M  irshal  to  return  tax  list.  To  make  out  delinquent  list — to 
certify  and  file  the  same. 

16.  Marshal  to  be  credited  with  delinquent  list.  City  Clerk  to 
collect.  City  Council  may  require  settlements  of  Marshal 
and  sue  on  official  bond. 

17.  City  Clerk  to  give  bond  and  file  same  with  Treasurer. 

18.  Delinquent  list  to  be  advertised.  How  advertised.  Clerk’s 
duties.  Printer  to  certify. 

19.  Taxes  may  be  paid  till  sale.  How  sold  and  what  portion. 

20.  Manner  of  sale.  Duties  di  Clerk. 

21.  Clerk  to  pay  over  money  to  Treasurer.  To  make  settlement 
with  City  Council.  Record  of  settlements  to  be  made. 

22.  Redemptions.  Clerk’s  duties. 

23.  Deeds  to  be  executed.  Clerk’s  duties.  Effect  of  deed. 

24.  Notice  to  be  given  before  deed  executed. 

25.  Duplicate  certificate  may  issue. 

26.  Sales  in  error — taxes  refunded. 

27.  Duty  of  officers  to  list  property  omitted. 

28.  Fees  oi  officers,  and  how  paid. 

29.  Repealing  clause. 

^Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 


ORDINANCES. 


167 


Quincy,  That  the  city  of  Quincy  shall  be  divided  into  three  as¬ 
sessment  divisions,  for  the  purpose  of  assessment  for  taxes. 

The  first  division  shall  embrace  all  property  included  in  the 
first  ward  of  the  old  city  limits  prior  to  the  supplementary  act 
of  the  Legislature  to  incorporate  the  city  of  Quincy,  approved 
January  17th,  1855,  together  with  all  the  property  north  of 
Main  street  outside  of  the  old  and  within  the  new  city  limits. 

The  second  division  shall  embrace  all  the  property  included 
in  the  second  ward  of  the  old  city  limits  prior  to  the  act  afore¬ 
said. 

The  third  division  shall  embrace  all  the  property  in  the 
third  ward  of  the  old  city  limits  prior  to  the  act  aforesaid,  to¬ 
gether  with  all  the  property  south  of  Main  street,  outside  of 
the  old  and  within  the  new  citv  limits. 

Sec.  2.  The  City  Council  shall  on  the  first  Monday  of  Feb¬ 
ruary  in  each  year,  or  so  soon  thereafter  as  is  practicable,  ap¬ 
point  three  Assessors,  one  for  each  division  as  aforesaid,  in 
the  same  manner  as  other  officers  are  appointed,  who  shall 
hold  their  office  for  one  year  and  until  their  successor  or  suc¬ 
cessors  shall  be  appointed  and  qualified,  unless  sooner  removed 
by  the  Council. 

It  shall  be  the  duty  of  the  Assessors  of  the  several  divisions,, 
before  entering  upon  the  duties  of  their  office,  to  take  and  sub¬ 
scribe  the  following  oath  or  affirmation: 

OATH  OF  ASSESSOR. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be,) 
that  I  will  faithfully,  diligently  and  impartially  perform  all 
the  duties  required  of  me  by  the  laws  of  the  State  and  the  or¬ 
dinances  of  the  city  of  Quincy,  as  the  Assessor  of  taxable  pro¬ 
perty  in  the  division  of  said  city. 

Subscribed  and  sworn  to  )  A.  B. 

before  me  this  day  of  > 

185  .  ) 

C.  D. 

Sec.  3.  The  City  Clerk  shall  on  before  the  second  Mon¬ 
day  in  February  in  every  year,  make  out  and  deliver  to  the 
Assessor  of  each  division,  a  well  bound  book  containing  a  list 
and  description  of  all  taxable  lots  and  lands  lying  in  their 


168 


ORDINANCES. 


several  divisions,  the  description  of  lots  and  lands  to  be  in  nu¬ 
merical  order  as  far  as  practicable.  The  names  of  the  owners 
shall  be  set  opposite  to  their  real  estate,  when  known,  and 
when  unknown,  a  blank  shall  be  left  for  the  entry  thereof  by 
the  Assessor;  and  it  shall  be  the  duty  of  the  Assessor  to  fill 
the  blank  whenever  he  can  ascertain  the  name  of  the  owner. 
If  any  real  estate  shall  be  omitted  by  the  Clerk,  or  if  it  should 
be  desirable  for  the  convenience  of  the  owners  that  subdivision 
of  any  lot  or  other  real  estate  should  be  made  on  the  roll,  in 
either  case  it  shall  be  lawful  for  the  Assessor  to  enter  such 
real  estate,  and  make  such  sub-divisions. 

Sec.  4.  The  following  may  be  the  form  of  the  assessment 
roll,  to  wit : 

assessor’s  roll. 

A  list  of  taxable  lots,  parts  of  lots,  and  other  real  estate, 
situate  and  being  in  the  division  of  the  city  of  Quincy, 
with  the  Assessor’s  valuation  thereof,  for  the  year  eighteen 
hundred  and  - - 


Original  Town  (or  as  the  case  may  be.) 


Owners’ 

name. 

Description 

Lot 

Block 

V  aluation 

Corrected 
V  aluation 

Sec.  5.  The  City  Clerk  shall  prepare  and  rule  columns  in 
the  Assessor’s  rolls  for  the  entry  of  personal  estate  subject  to 
taxation.  The  names  of  owners  of  taxable  personal  property 
shall  be  entered  by  the  Assessor  in  alphabetical  order,  and 
said  roll  may  be  in  the  following  form  : 

A  list  of  the  taxable  personal  estate  in  the  division  of 
the  city  of  Quincy,  with  the  names  of  the  owners  and  the  valu¬ 
ation  thereof  for  the  year  eighteen  hundred  and - 


ORDINANCES. 


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Sec.  6.  The  Assessors  shall,  on  being  respectively  provided 
with  the  rolls  aforesaid,  proceed  without  delay  to  ascertain  the 
value  of  all  real  and  personal  property  in  their  respective  di¬ 
visions,  by  going  when  practicable,  to  every  owner  of  such 
property.  They  shall  be  governed  in  their  valuation  by  the 
cash  value  of  the  property,  and  if  they  shall  deem  it  necesary, 
may  require  every  owner  to  give  in,  under  oath,  either  by  him¬ 
self  or  agent,  a  list  and  description  of  all  his  real  estate  with 
the  improvements  thereon,  together  with  the  value  thereof. 
The  Assessor  shall  in  the  presence  of  such  person,  enter  the 
same  in  his  book,  and  value  each  lot  and  parcel  of  real  estate 
and  each  species  of  personal  property  separately,  placing  the 
description  and  value  opposite  the  name  of  the  person  owning 
or  listing  the  same;  and  said  Assessors  shall  have  full  power, 
and  are  hereby  authorized  to  administer  any  oath  relating  to 
the  assessment  of  property  required  by  this  ordinance.  When 
Assessors  shall  have  completed  their  assessments,  they  shall 
add  up  the  several  columns  of  their  rolls,  and  carry  the  sev¬ 
eral  amounts  forward,  so  as  to  show  at  the  end  thereof  the  to¬ 
tal  valuation  of  real  and  personal  estate  respectively. 

Sec.  7.  If  the  Assessor  shall  not  be  able  to  find  the  owner 
of  any  real  or  personal  estate  in  his  division,  or  if  any  person 
shall  refuse  to  take  the  oath  when  required  by  the  Assessor,  or 
shall  give  in  less  than  the  real  and  true  value  of  his  property, 
or  shall  refuse  or  fail  to  deliver  a  list  of  his  taxable  property 
when  called  on  for  that  purpose,  the  Assessor  shall,  in  every 
such  case  assess  the  value  of  the  property  of  such  person  ac¬ 
cording  to  the  best  information  he  can  procure.  Personal 
property  shall  be  assessed  to  the  owner  or  person  in  possession 


170 


ORDINANCES. 


thereof,  in  the  division  of  the  city  in  which  the  same  shall  be 
found.  Any  real  or  personal  estate  which  shall  be  omitted  in 
the  assessment  of  any  year  or  years,  shall  when  discovered  by 
the  Assessor,  be  noted  in  the  roll  and  shall  be  assessed  with 
the  arrearages  of  taxes. 

Sec.  8.  When  the  Assessors  shall  have  completed  their  as¬ 
sessments  they  shall  meet  together  and  revise,  equalize  and 
correct  the  same;  and  having  completed  such  revision,  they 
shall  sign  the  several  rolls  and  return  them  to  the  city  council 
on  or  before  the  third  Monday  of  March  in  every  year,  unless 
further  time  shall  be  given  for  this  purpose.  The  form  of  their 
return  may  be  as  follows  : 

assessors’  return. 

Office  of  the  Board  of  Assessors, 
Quincy, - - - 185  . 

The  undersigned,  Assessors  of  the  several  divisions  of  the 
city  of  Quincy,  do  certify  and  return  to  the  city  council,  that 
after  they  had  severally  completed  their  assessment  rolls,  they 
met  together  for  the  purpose  and  revised  and  equalized  the 
same,  and  that  the  foregoing  is  the  revised  and  corrected  as¬ 
sessment  roll  of  taxable  real  and  personal  estate  in  the 
division  of  said  city  for  the  year  185 

A.  B.,  Assessor  of  1st  Division. 

C.  D.,  Assessor  of  2d  Division. 

E.  F.,  Assessor  of  3d  Division. 

Sec.  9.  On  return  of  said  rolls  the  city  council  shall  fix  a 
day  for  hearing  objections  thereto,  and  the  city  clerk  shall 
give  notice  of  the  time  and  place  of  hearing  the  same,  when 
and  where  all  persons  feeling  themselves  aggrieved  by  the  as¬ 
sessment  of  their  property,  may  appear  at  the  time  specified 
and  make  or  file  their  objections.  Notice  may  be  of  the  fol¬ 
lowing  form  : 

Office  of  the  City  Clerk,  } 
Quincy,- - - 185  .  [ 

Public  notice  is  hereby  given,  that  the  assessment  rolls  of 
taxable  real  and  personal -estate  in  the  city  of  Quincy  for  the 
year  18  have  been  completed  and  returned  to  the  city 

council  by  the  Assessors.  All  ipersons  feeling  themselves  ag- 


ORDINANCES. 


171 


grieved  by  the  assessment  of  their  property,  are  hereby  re¬ 
quested  to  make  or  file  their  objections  in  my  office,  on  or  be¬ 
fore  the  day  of  at  which  time  <the  same  will 

be  heard.  A.  W.  B.,  City  Clerk. 

Sec.  10.  When  said  rolls  shall  have  been  revised  and  cor¬ 
rected  by  the  city  council,  the  same  shall  be  filed  and  an  order 
of  confirmation  shall  be  entered,  which  order  may  be  in  the 
following  form  : 

CONFIRMATION  OF  ROLLS. 

The  assessment  rolls  for  the  several  divisions -of  the  city  of 
Quincy  for  the  year  18  having  been  duly  made  and  return¬ 
ed  by  the  Assessors,  and  revised  and  corrected  by  the  council, 
after  due  notice  to  persons  aggrieved  thereby  and  full  hearing 
of  all  objections  thereto,  it  is  hereby  Ordered,  That  the  said 
rolls  and  the  several  assessments  therein  contained,  as  revised 
and  corrected  by  the  city  council,  be  and  the  same  are  hereby 
confirmed;  and  that  the  same  be  placed  on  file  with  the  city 
clerk. 

The  city  council  shall  thereupon,  by  ordinance  or  resolution, 
levy  upon  the  real  and  personal  estate  described  in  said  rolls, 
such  sum  or  sums  of  money  as  may  be  required  for  any  pur¬ 
pose  for  which  they  may  be  authorized  to  levy  a  tax. 

Sec.  11.  The  city  clerk  shall,  within  thirty  days  after  the 
confirmation  of  said  assessment  list,  make’  out  a  fair  copy  of 
said  list  and  deliver  the  same  to  the  City  Marshal,  with  his 
certificate  of  authentication,  under  the  corporate  seal  thereto 
appended.  The  city  clerk  shall  take  the  Marshal’s  receipt  for 
said  assessment  list,  showing  the  total  amount  of  taxable  prop¬ 
erty  and  the  total  amount  of  taxes  therein,  which  receipt  he 
shall  file  in  his  office. 

Sec.  12.  The  Marshal,  before  receiving  said  assessment 
list,  shall  give  bond  with  security  to  the  satisfaction  of  the  city 
council,  to  the  city  of  Quincy,  in  a  penalty  of  double  the  amount 
of  the  whole  taxes  in  said  list,  and  conditioned  for  the  faithful 
discharge  of  his  duties  in  the  collection  of  the  city  taxes,  and 
for  the  payment  of  the  amount  thereof  by  him  to  be  collected 
into  the  city  treasury,  which  bond  shall  be  filed  with  the  city 
clerk.  The  Marshal  shall,  upon  the  receipt  of  said  assessment 


172 


ORDINANCES. 


list,  forthwith  proceed  to  the  collection  of  the  taxes  therein 
specified. 

Sec.  13.  In  the  collection  of  taxes,  the  Marshall  shall  per¬ 
sonal^  call  upon  the  inhabitants  of  the- city  respectively,  or  at 
their  respective  places  of  business  or  residence,  and  make  de¬ 
mand  personally,  or  by  leaving  a  written  or  printed  notice  of 
the  taxes  due  from  them  respectively.  He  may  also  give  no¬ 
tice  by  handbills  printed  in  English  and  German  and  posted 
up  in  the  city,  of  a  time  and  place  when  and  where  he  will  at¬ 
tend  with  the  tax  list  and  receive  taxes.  Any  person  may 
pay  taxes  on  such  portion  of  any  real  estate  as  he  may  have 
claim  to,  provided  he  will  furnish  the  Marshal  or  Collector 
with  a  plain  and  certain  description  thereof.  Upon  the  pay¬ 
ment  of  any  tax  to  the  Marshal  or  Collector,  he  shall  first 
make  an  entry  in  his  tax  list  of  the  name  of  the  person  paying, 
of  the  total  amount  paid;  and  if  payment  is  made  on  property 
by  different  description,  or  in  different  parts  or  parcels  from 
the  description  thereof  made  by  the  Assessor  and  shown  by 
said  tax  list,  he  shall  enter  a  particular  description  thereof; 
after  which  he  shall  deliver  to  the  person  paying,  a  receipt 
stating  the  time  of  payment,  bv  whom  payment  is  made,  a  cor¬ 
rect  and  plain  description  of  the  property  paid  on,  the  total 
amount  paid,  and  the  year  or  years  for  which  the  taxes  are  paid. 

Sec.  14.  The  Marshal  may,  after  the  expiration  of  thirty 
daysfrom  the  time  of  the  delivery  of  said  tax  list  to  him  for 
collection,  and  before  that  time  in  case  of  probable  loss  to  the 
city  revenue,  and  after  demand  aforesaid,  or  endeavor  to  make 
demand  of  the  taxes  due  the  city  on  property,  real  or  personal, 
on  said  tax  list,  seize  any  personal  property  of  the  owner,  or 
any  person  having  listed  or  consented  to  the  listing  in  his 
name  of  such  property,  of  sufficient  value  to  satisfy  the  taxes 
and  costs  due  thereon,  and  may  from  time  to  time  make  such 
further  seizure  as  may  be  necessary  for  that  purpose.  He 
shall  cause  any  property  so  seized  to  be  advertised  for  sale  for 
ten  days,  by  posting  a  notice  thereof  in  front  of  the  court 
house  in  the  city,  containing  a  description  of  the  property  and 
stating  the  time  and  place  of  sale  thereof,  and  on  the  day  of 
sale  shall  sell  the  same  at  public  vendue  at  the  place  named 


ORDINANCES. 


173 


•in  said  notice,  to  the  highest  bidder,  and  apply  the  proceeds 
to  the  satisfaction  of  the  taxes  and  costs  for  which  the  same 
was  seized,  after  deducting  five  per  centum  thereon  for  making 
such  seizure  and  sale,  and  sliall  pay  the  overplus  if  any,  to  the 
owner  thereof  on  demand.  The  said  tax  list  shall  be  suffi¬ 
cient  warrant  for  the  Marshal  to  make  such  seizure  and  sale. 

Sec.  15.  After  having  made  due  effort  to  collect  the  taxes 
due  on  said  tax  list,  and  on  or  before  the  first  day  of  August 
in  each  year,  the  Marshal  shall  return  said  tax  list  into  the  of¬ 
fice  of  the  city  clerk,  there  to  be  filed  and  remain,  and  shall 
also  at  the  same  time  make  out  and  return  to  the  city  clerk  a 
delinquent  list,  truly  taken  from  said  tax  list,  and  in  the  same 
form  of  said  tax  list,  of  the  taxes  remaining  unpaid  thereon, 
and  for  which  he  can  find  no  personal  property  to  satisfy  the 
same  and  costs.  The  Marshal  shall  append  to  said  delinquent 
list  a  certificate,  as  near  as  may  be,  in  the  following  form  : 

I  do  certify,  that  the  foregoing  delinquent  list  contains  a 
true  copy  from  the  tax  list  of  the  city  of  Quincy,  for  the  year 
18  ,  of  the  taxes  remaining  unpaid  on  said  list,  and  for 

which  I  have  been  unable  to  find  personal  property  to  satisfy 
the  same.  - Marshal 

Sec.  1G.  Upon  the  return  aforesaid  of  said  original  delin¬ 
quent  tax  lists,  the  city  council  shall,  so  soon  as  practicable, 
examine  the  same,  and  shall  allow  and  credit  the  Marshal  all 
delinquent  taxes  in  said  delinquent  list  contained,  which  they 
shall  be  satisfied  could  not  have  been  collected  by  due  dili¬ 
gence,  and  shall  make  final  settlement  with  the  Marshal  of  the 
revenue  aforesaid,  collected  by  him.  Upon  the  examination 
and  settlement  aforesaid,  the  city  clerk  shall  receive  and  file 
the  said  delinquent  tax  list,  and  shall  execute  to  the  Marshal 
receipt  therefor,  showing  the  total  amount  of  taxes  remaining 
unpaid  on  said  delinquent  list,  which  receipt  the  Marshal  shall 
file  with  the  City  Treasurer,  and  the  city  clerk  shall  from 
thence  £tand  charged  with  the  collection  of  said  delinquent 
taxes.  The  city  council  may  from  time  to  time,  by  order  di¬ 
rect  the  Marshal  to  pay  into  the  city  treasury  all  taxes  collect¬ 
ed  by  him,  or  to  make  settlement  therefor  with  the  city  council, 


174 


ORDINANCES. 


and  may,  by  order,  in  their  discretion,  allow  to  the  Marshal  fur¬ 
ther  time,  not  to  exceed  twenty  days,  to  make  collection,  return 
and  settlement  aforesaid.  In  case  of  default  of  the  Marshal  in 
any  matter  material  to  the  security  or  collection  of  the  city 
revenue  under  this  ordinance,  the  city  council  shall  cause  the 
Marshal’s  bond  aforesaid,  to  be  put  in  suit  for  such  default. 

Sec.  17.  The  city  clerk  shall  give  bond  with  security  to 
the  satisfaction  of  the  city  council,  to  the  city  of  Quincy,  in  a 
penalty  of  double  the  amount  of  taxes  remaining  unpaid  on  the 
said,  delinquent  tax  list,  and  conditioned  for  the  faithful  dis¬ 
charge  of.  his  duties  in  the  collection  thereof,  and  for  the  pay¬ 
ment  of  the  moneys  collected  thereon  into  the  city  treasury, 
which  bond  shall  be  hied  with  the  City  Treasurer,  and  the  city 
clerk  shall  thereupon  be  authorized  to  receive  the  taxes  unpaid 
on  said  delinquent  tax  list. 

Sec.  18.  The  city  clerk  shall,  so  soon  as  practicable  after 
the  filing  of  the  delinquent  tax  list  aforesaid  in  his  office,  adver¬ 
tise  the  real  estate  therein  described  for  sale,  to  satisfy  the 
taxes  and  costs  due  thereon.  Said  advertisement  shall  contain 
a  copy,  as  near  as  may  be,  of  said  delinquent  tax  list,  with  a 
notice  thereto  appended  by  the  city  clerk,  in  the  following 
form,  as  near  as  may  be  : 

All  persons  arc  notified  that  the  foregoing  is  a  list  of  lotg 
and  parts  of  lots  within  the  city  of  Quincy,  upon  which  the 
taxes  due  to  said  city  for  the  year  therein  set  forth  remain  un¬ 
paid;  and  that  the  said  lots  and  parts  of  lots  will  be  severally 
and  separately  sold  at  public  vendue,  at  the  court  house  in  the 
city  of  Quincy,  commencing  on  the  day  of  ,18  , 

at  the  hour  of  10  o’clock,  A.  M.,  of  said  day,  for  the  taxes  and 
costs  due  on  them  respectively,  to  such  person  or  persons  as 
shall  bid  the  amount  of  such  taxes  and  costs  for  the  least  quan¬ 
tity  of  said  lots  and  parts  of  lots  respectively. 

City  Clerk  of  the  city  of  Quincy. 

Said  notice  and  advertisement  shall  be  published  in  some 
newspaper  printed  in  the  city  of  Quincy,  for  ten  days,  prece¬ 
ding  the  day  of  sale;  and  when  so  published,  a  copy  of  the  same 


ORDINANCES. 


175 


shall  be  filed  in  the  clerk’s  office  of  the  city,  with  the  certificate 
of  the  printer  or  publisher  thereto  appended,  as  near  as  may 
be  in  the  following  form  : 

I  certify  that  the  foregoing  tax  notice  and  advertisement 
was  published  in  the  ,  a  newspaper  printed  and 

published  in  the  city  of  Quincy,  for  days  preceding  the  day 

of  sale  therein  named. - , 

Publisher  of  said  newspaper, 

Sec.  19.  Any  person  may  pay  the  taxes  and  costs  remain¬ 
ing  unpaid  on  any  lot  or  part  of  lot  on  said  delinquent  list,  to 
the  city  clerk,  at  any  time  after  the  return  and  filing  thereof 
aforesaid’  in  his  office,  and  before  the  sale  of  the  same;  and 
the  clerk  shall,  upon  such  payment,  make  the  same  entry  in 
said  delinquent  list,  and  deliver  to  the  person  paying  the 
same,  a  receipt  therefor  as  is  herein  before  required  in  case 
of  payment  of  taxes  to  the  City  Marshal.  In  selling  said 
lots,  the  city  clerk  shall  offer  the  whole  of  each  tract  or 
lot  for  sale  for  the  amount  of  taxes  and  costs  due  there¬ 
on  ;  and  so  much  thereof  as  may  be  necessary,  shall  be 
struck  off  to  the  lowest  bidder — that  is,  to  the  person  who 
shall  offer  to  pay  the  amount  due  as  aforesaid  for  the  least 
quantity  of  ground.  When  a  portion  of  a  lot  shall  have  been 
struck  off  on  any  such  bid,  it  shall  be  taken  off  the  east  side  of 
said  lot,  extending  the  whole  length  of  said  side,  provided  said 
lots  have  a  northerly  or  southerly  front;  and  from  the  north 
side,  extending  the  whole  length  as  aforesaid,  should  said  lots 
have  an  easterly  or  westerly  front. 

Sec.  20.  At  the  time  of  sale  mentioned  in  the  notice  afore¬ 
said,  the  city  clerk,  shall  proceed  and  sell,  at  the  place  and  in 
the  manner  named  in  the  said  notice,  the  several  lots  and  parts 
of  lots  in  said  advertisement  described,  upon  which  the  taxes 
and  costs,  or  any  portion  thereof  shall  remain  unpaid  for  the 
satisfaction  of  such  taxes  and  costs;  and  if  no  bid  shall  be  mado 
*  for  any  lot  or  part  of  lot  offered,  the  amount  of  taxes  and  costa 
thereon,  the  same  shall  be  struck  off  to  the  city  of  Quincy  for 
the  taxes  and  costs  unpaid  thereon;  and  the  city  shall,  to  all 
intents  and  purposes,  be  the  purchaser  thereof.  The  city  clerk 
shall  receive  all  moneys  at  said  sale,  and  shall  execute  to  the 


ORDINANCES. 


17  o 

several  purchasers  certificates  of  purchase,  stating  the  name  of 
the  purchaser,  the  date  of  the  purchase,  the  year  or  years  for 
which  the  taxes  accrued,  the  amount  of  taxes  and  costs  on  the 
tract  purchased,  and  a  plain  description  of  the  property  pur¬ 
chased.  The  clerk  shall  keep  a  correct  list  of  such  sales,  show¬ 
ing  in  each  case  the  name  of  the  owner,  if  known,  the  date  of 
the  sale,  the  year  or  years  for  which  the  taxes  accrued,  a  plain 
description  of  the  lot  or  part  of  lot  sold,  the  name  of  the  pur¬ 
chaser  and  the  amount  paid,  and  which  shall  be  kept  in  the  tax 
sale  book  of  the  city  as  a  public  record. 

Sec.  21.  The  city  clerk  shall  pay  over  all  moneys  by  him 
received  and  collected  on  said  delinquent  tax  list,  to  the  city 
Treasurer,  and  take  his  receipt  therefor,  and  so  soon  as  practi¬ 
cable  after  said  sale,  shall  make  final  settlement  on  said  delin¬ 
quent  tax  list  with  the  city  council;  and  whenever  final  settle-  • 
ment  is  made,  either  with  the  City  Marshal  or  city  clerk,  by 
4lie  city  council,  a  record  thereof  shall  be  made. 

Sec.  22.  The  same  rights  and  privileges  of  redemption  from 
‘sales  under  this  ordinance  shall  exist,  as  is  provided  by  the 
eighty-ninth  chapter  of  the  revised  statutes  of  Illinois,  of  1845; 
and  in  cases  of  redemption  from  such  sales,  the  redemption 
money  shall  be  paid  to  the  city  clerk,  and  the  city  clerk  shall 
thereupon  execute  to  the  person  redeeming  a  certificate,  stating 
the  date  of  the  sale,  the  year  or  years  for  the  taxes  of  which 
the  sale  was  made,  the  name  of  the  person  to  whom  sold,  the 
amount  for  which  the  same  was  sold,  a  plain  description  of  the 
property  sold  and  redeemed,  the  name  of  the  person  redeem¬ 
ing,  and  the  amount  paid  thereon,  and  shall  make  an  entry  op¬ 
posite  the  property  redeemed  in  the  sale  book  of  the  date  of 
the  redemption,  the  name  of  the  person  redeeming  and  the 
amount  paid  thereon,  which  amount  he  shall  pay  to  the  pur¬ 
chaser  or  his  assignee  on  demand  and  presentation  of  the  cer¬ 
tificate  of  purchase,  and  shall  note  in  such  certificate  of  pur¬ 
chase  the  redemption  aforesaid;  and  the  person  receiving  such 
redemption  money  shall  receipt  the  same  in  said  sale  book  or 
other  book  kept  for  that  purpose.  The  city  clerk  shall  file  in 
his  office  all  written  evidence  of  right  to  redeem,  and  in  all 
things  such  redemption  shall  have  the  same  force  and  effect  as 


ORDINANCES. 


177 


is  provided  in  case  of  redemption  from  sales  for  State  and 
county  taxes,  by  the  chapter  of  the  revised  statutes  aforesaid, 
and  certificates  of  purchase  issued  under  this  ordinance  shall 
be  assignable,  as  is  provided  by  said  chapter,  and  all  such  as¬ 
signments  shall Jiave  the  same  force  and  effect. 

Sec.  23.  After  the  expiration  of  two  years  from  the  day  of 
sale  of  any  lot  or  part  of  lot,  under  this  ordinance,  the  purcha¬ 
ser  thereof,  his  heirs  or  assigns,  shall  be  entitled  to  a  deed 
therefor,  provided  the  same  shall  not  have  been  previously 
redeemed,  and  provided  such  purchaser,  his  heirs,  or  as¬ 
signs,  shall  have  complied  with  the  provisions  of  the  next  sec¬ 
tion  of  this  ordinance;  and  the  city  clerk  shall,  in  such  case, 
upon  the  surrender  of  the  certificate  of  purchase  thereof,  exe¬ 
cute  to  such  purchaser,  his  heirs  or  assigns,  a  deed  for  such  lot 
or  part  of  lot.  The  deed  to  be  executed  ns  aforesaid,  shall, 
for  all  purposes,  .vest  in  the  grantee  and  his  heirs  a  perfect 
title  to  the  premises  in  such  deed  described;  and  all  deeds  exe¬ 
cuted  by  the  city  clerk  under  this  ordinance,  shall,  for  all  pur¬ 
poses  and  to  all  intents  whatsoever,  have  the  same  operation, 
force  and  effect  as  is  provided  by  the  said  eighty -ninth  chapter 
of  the  revised  statutes  of  Illinois,  of  1845,  in  case  of  deeds  exe¬ 
cuted  by  sheriffs  or  collectors,  on  sales  made  for  taxes  due  for 
State  and  county  purposes,  under  the  State  revenue  laws  afore¬ 
said. 

Sec.  24.  The  purchaser  of  any  lot  or  part  of  lot  under  this 
ordinance,  his  heirs  or  assigns,  shall,  at  least  three  months  be¬ 
fore  the  expiration  of  two  years  from  the  time  of  sale,  cause  to 
be  served  on  every  person  in  possession  of  such  lot  a  written 
notice  of  such  purchase;  in  which  notice  he  shall  state  when 
such  lot  or  part  of  lot  was  purchased,  a  description  of  such  lot, 
and  when  the  time  of  redemption  will  expire.  In  like  manner 
he  shall  serve  on  the  person  or  persons  in  whose  name  or 
names  such  lot  or  part  of  lot  is  taxed  a  similar  written  notice, 
if  such  person  or  persons  shall  reside  in  the  county  of  Adams; 
and  in  the  event  that  the  person  or  persons  in  whose  name  or 
names  such  lot  or  part  of  lot  is  taxed,  do  not  reside  in  the 
county  of  Adams,  he  shall  publish  such  notice  in  some  newspa* 


12 


178 


ORDINANCES* 


per  printed  in  said  county;,  which  notice  shall  be  inserted  three 
times,  the  last  time  being  not  less  than  three  months  before  the 
expiration  of  two  years  from  the  time  of  sale  of  such  lot  or 
part  of  lot.  The  purchaser,  his  heirs  or  assigns,  shall,  before 
a  deed  is  executed  to  him,  by  himself  or  agent  make  an  affida¬ 
vit  of  his  having  complied  with  this  section,  stating  particular¬ 
ly  the  facts  relied  on  as  such  compliance;  which  affidavit  shall 
be  delivered  to  the  city  clerk  and  by  him  filed  in  his  office  and 
entered  on  the  records  thereof,  and  preserved  among  the  files 
of  his-  office.  In  case  any  person  shall  be  compelled  under  this 
section,  to  publish  a  notice  in  a  newspaper,  then  before  any 
person  who  may  have  a  right  to  redeem  such  lot  or  part  of  lot 
from  such  tax  sale,  shall  be  permitted  to  redeem,  ho  shall  pay 
to  the  city  clerk  the  printer’s  fee  for  publishing  such  notice, 
and  costs  of  being  sworn  to  such  affidavit  and  of  filing  the 
same  as  aforesaid. 

Sec.  25.  In  case  any  purchaser,  his  heirs  or  assigns,  shall 
have  lost,  or  for  any  cause  is  unable  to  produce  his  certificate 
aforesaid,  the  city  clerk  shall  execute  a  duplicate  certificate 
thereof,  upon  such  person  filing  with  him  an  affidavit  of  such 
loss  or  inability  to  produce  the  same,  and  that  the  same  is  his 
rightful  property. 

Sec.  26.  If  it  shall  appear  to  the  city  clerk  that  any  taxes 
for  which  any  lot  or  part  of  lot  shall  be  sold,  had  been  paid 
previously  to  the  sale  thereof  for  taxes,  he  shall  present  the 
case  to  the  city  council  at  their  next  meeting,  and  if  it  shall  ap¬ 
pear  to  the  city  council  that  the  same  was  so  paid,  an  order 
shall  be  drawn  on  the  City  Treasury,  in  favor  of  the  purchaser, 
his  heirs  or  assigns  for  the  amount  paid  therefor,  and  such  sale 
shall  be  cancelled.  And  if  it  shall  appear  that  any  moneys 
have  been  paid  on  such  lot  or  part  of  lo't,  either  to  the  City 
Marshal  or  City  Clerk,  and  have  not  been  properly  credited 
on  the  tax  list  and  accounted  for,  the  officer  to  whom  the  same 
was  paid  shall  refund  the  amount  thereof  and  costs  to  the  city. 

Sec.  27.  It  shall  be  the  duty  of  the  City  Marshal,  and  also 
of  the  city  clerk,  to  keep  a  list  of  all  real  estate  within  the  city, 
which  in  the  collection  of  the  city  taxes  they  and  each  of  them 


ORDINANCES. 


179 


may  discover  to  be  omitted  in  the  assessment  list,  and  the  same 
list  to  file  in  the  city  clerk’s  office  for  the  use  of'  the  Assessor 
of  the  next  year’s  revenue. 

Sec.  28.  There  shall  be  allowed  for  collecting  the  city 
revenue  from  taxes,  the  following  fees  : 

To  the  city  Assessors  for  making  annual  assessments,  such 
sum  as  may  be  ordered  at  the  time  of  making  said  appoint¬ 
ments. 

To  the  printer  for  publishing  the  delinquent  tax  list  notice, 
on  eacli  lot  and  part  of  lot  10  cents. 

To  the  City  Marshal  on  all  moneys  collected  by  him  on  the 
general  tax  list  and  all  special  tax  lists  and  paid  over,  two  per 
centum. 

For  making  and  returning  to  the  city  clerk  the  delinquent 
tax  list  on  each  lot  or  part  of  lot  five  cents. 

To  the  city  clerk  for  advertising  and  copying  the  delinquent 
tax  list,  on  eacli  lot  or  part  of  lot  live  cents. 

For  making  sale  on  each  lot  or  part  of  lot,  and  entering  the 
same  in  the  sale  book  fifteen  cents.. 

For  each  redemption  certificate,  twenty-five  cents. 

For  filing  and  recording  affidavit  of  purchaser  at  tax  sale, 
preliminary  to  obtaining  deed,  twenty-five  cents. 

For  duplicate  certificate  of  purchase  in  case  of  loss,  twenty- 
five  cents. 

For  each  deed  on  tax  sale,  seventy-five  cents. 

The  last  four  items  shall  be  paid  by  the  person  demanding 
the  services,  and  all  other  expenses  arising  out  of  the  city  reve¬ 
nue  from  taxes,  shall  be  laid  before  the  city  council  by  the 
person  interested  to  be  acted  upon  by  them,  and  allowed  or 
disallowed,  as  shall  to  them  appear  equitable.. 

There  shall  also  be  allowed  to  the  city  clerk,  on  amount  col¬ 
lected  by  him  on  delinquent  list  each  year,  before  the  sale  each 
year  three  per  centum;  and  also  for  making  copy  for  assessors 
one  cent  for  each  lot  or  part  of  lot  or  tract  of  land;  and  also 
for  making  copy  for  collector,  one  cent  for  each  lot  or  part  of 
lot  or  tract  of  land  and  carrying  out  the  tax  thereon. 

Sec.  29.  All  ordinances  coming  within  the  purview  of  this 
ordinance,  and  in  any  manner  repugnant  tkerto,  are  hereby  re- 


180 


ORDINANCES. 


pealed.  But  all  rights  and  liabilities  accrued  under  any  ordi¬ 
nance  hereby  repealed,  are  hereby  saved  and  declared  valid 
and  binding  and  may  be  enforced. 


NO.  XLV. 

An  Ordinance  Relating  to  the  Public  Landing, 

Sec.  1.  Public  Landing — extent  thereof. 

2.  Landing  within  certain  limits  to  be  exclusively  for  use  of 
Steamboats.  Penalty  for  breach  of  this  section. 

3.  Harbor  Master  to  assign  places  to  boats.  Penalty  for  not  com¬ 
plying  with  his  orders.  Exception. 

4.  Goods,  &c.,  landed  on  a  certain  part  of  the  Landing,  to  be 
removed.  Left  over  twenty-four  hours,  to  be  taken  charge  of 
by  the  Harbor  Master. 

5.  Time  of  leaving  rafts  in  the  water  limited.  Penalty. 

6.  Goods,  &c.,  to  be  permitted  to  remain,  on  payment  of  wharf¬ 
age. 

7.  Harbor  Master  to  have  custody  of  boats,  &e.,  and  a  lien  for 
charges.  Charges  not  paid  within  twenty-four  hours,  boats, 
Ac.,  to  be  sold.  How  sold. 

8.  Proceeds  of  such  sale— how  disposed  of. 

9.  No  person  appearing  to  take  charge  of  boats,  &c..  left  at  Pub¬ 
lic  Landing.  Harbor  Master  to  take  charge — lien  created  for 
fees  and  charges. 

10.  Owner  appearing,  property  to  be  restored  on  payment  of 
charges;  not  appearing,  property  to  be  sold — and  how  sold. 
Special  provision  and  exception. 

11.  Proceeds  of  sale— how  disposed  of. 

12.  City  entitled  to  a  per  cent,  on  such  proceeds  paid  out. 

13.  Rates  of  wharfage. 

14.  Term  landing  defined. 

15.  Attachment  may  issue. 

16.  Harbor  Master  to  keep  an  account  of  money  received,  and  re¬ 
port  monthly  to  City  Council,  &c. 

17.  Penalty  for  defacing  or  injuring  Landing,  or  appurtenances. 

18.  Suits  to  be  brought  for  fines,  if  necessary.  Duty  of  Harbor 
Master  in  such  cases. 

19.  Ferry  boats  excepted  from  the  operation  of  this  Ordinance, 
on  condition. 

20.  Wharfage  on  other  crafts.  City  Council  to  fix  amount.  Har¬ 
bor  Master  to  see  that  this  Ordinance  is  enforced.  May  take 
and  retain  possession  of  boats.  Penalties. 


ORDINANCES. 


181 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  Public  Landing  of  said  city  shall  comprise  all 
that  ground  lying  south  of  the  centre  line  of  block  six,  in  the 
original  survey  of  the  town  (now  city)  of  Quincy,  as  extended 
west  to  the  Mississippi  river,  and  north  of  a  line  extended  from 
Front  st.  to  said  river,  at  a  point  fifty-six  feet  south  of  York 
street,  and  west  of  Front  street,  excepting  River  Fraction  of 
lot  six  in  block  sixteen,  and  River  Fraction  of  lot  four  in  block 
twenty-live  in  said  original  survey;  also,  all  that  ground  lying 
south  of  the  northwest  corner  of  lot  four  in  block  fifty-three, 
and  north  of  the  southwest  corner  of  block  fifty-four  in  Wood 
&  Holmes’  addition  to  said  city,  and  west  of  the  west  line  of 
the  aforesaid  blocks  fifty-three  and  fifty-four.  Provided ,  that 
all  that  part  of  said  city  lying  north  of  said  Public  Landing, 
and  owned  by  the  Northern  Cross  Rail  Road  Company,  bor¬ 
dering  upon  the  Mississippi  River,  or  the  Bay  adjacent  there¬ 
to,  is  hereby  declared  to  be  a  Public  Landing,  and  subject  to 
all  the  laws  and  ordinances  of  said  city  in  relation  to  the  col¬ 
lection  of  wharfage  thereat. 

Sec.  2.  Be  it  further  ordained ,  That  all  that  portion  of  the 
Public  Landing  lying  south  of  the  centre  line  of  block  six 
aforesaid,  and  north  of  the  north  line  of  the  River  fraction  of 
lot  six  in  block  sixteen  aforesaid,  shall  be  specially  appropria¬ 
ted  to  the  landing  and  use  of  steamboats,  and  no  other  boat, 
craft  or  raft  shall  land  or  remain  at  said  part  of  the  public 
landing;  and  all  persons  landing  or  having  charge  of  any  such 
boat,  raft  or  other  craft  at  said  portion  of  the  public  landing, 
shall  immediately,  on  notice  so  to  do  by  the  Harbor  Master, 
remove  the  same,  and  on  failure  so  to  do,  shall  forfeit  and 
pay  to  the  city  not  less  than  five  nor  more  than  one  hun¬ 
dred  dollars,  to  be  collected  by  the  Harbor  Master,  and  the 
Harbor  Master  shall  cause  the  same  to  be  removed  at  the  ex¬ 
pense  of  the  owner,  or  person  in  charge  or  possession  thereof. 

Sec.  3.  Be  it  further  ordained ,  That  the  Harbor  Master, 
whenever  it  may  be  necessary,  shall  assign  places  for  all  boats 
and  rafts,  giving  the  preference  to  steamboats,  in  the  order  of 
their  arrival,  and  every  person  in  charge  thereof,  shall  cause 
the  same  to  be  removed  to  the  places  assigned;  and  every  per- 


182 


ORDINANCES. 


son  failing  so  to  do,  on  being  notified  by  the  Harbor  Master, 
shall  forfeit  and  pay,  for  the  use  of  said  ciy,  the  sum  of  not 
less  than  five  nor  more  than  one  hundred  dollars  :  Provided , 
that  no  boat  or  raft  shall  be  compelled  to  leave  the  place  oc¬ 
cupied  by  it,  or  assigned  to  the  same,  to  give  place  to  a  steam¬ 
boat,  while  such  boat  or  raft  is  actually  employed  in  discharg¬ 
ing  or  receiving  a  cargo. 

Sec.  4.  Be  it  further  ordained ,  That  all  goods,  wares,  mer¬ 
chandise,  wood,  lumber,  or  other  things,  which  may  be  landed 
south  of  the  centre  line  of  block  six  aforesaid,  and  north  of 
the  north  line  of  the  River  fraction  of  lot  six  in  block  sixteen 
aforesaid,  shall  be  removed  as  soon  as  practicable,  and  if  suf¬ 
fered  to  remain  over  twenty-four  hours,  the  Harbor  Master 
shall  cause  the  same  to  be  removed  to  some  suitable  place  at 
the  charge  of  the  owner.  All  such  as  may  be  landed  above 
or  below  said  points  may  remain  so  long  as  the  said  Harbor 
Master  may  permit,  not  exceeding  ten  days;  and  if  suffered  to 
remain  beyond  that  time,  he  shall  cause  the  same  to  be  remov¬ 
ed  to  some  suitable  place  at  the  charge  of  the  owner. 

Sec.  5.  Be  it  further  ordained ,  That  no  raft  shall  remain 
in  the  water  at  any  part  of  the  Public  Landing  for  a  longer 
time  than  ten  days,  unless  by  special  permission  of  the  Harbor 
Master,  a  longer  time  is  granted  for  the  purpose  only  of  hav¬ 
ing  the  same  drawn  out;  and  every  person  having  charge  there¬ 
of,  who  shall  neglect  to  draw  out  said  raft  within  said  time  so 
limited  and  specially  granted,  shall  forfeit  and  pay,  for  the  use 
said  citv,  the  sum  of  fifteen  dollars. 

Sec.  G.  Be  it  further  ordained ,  That  nothing  herein  contain¬ 
ed  shall  be  so  construed  as  to  prevent  the  Harbor  Master  from 
permitting  any  goods,  wares,  merchandise,  lumber,  or  other 
things  to  remain  on  the  landing  a  longer  time  than  is  herein¬ 
before  specified,  Provided ,  the  owner  thereof  shall  pay  to  the 
said  Harbor  Master,  for  the  use  of  the  city,  a  certain  amount 
of  wharfage  to  be  agreed  upon  between  the  owner  and  the 
Harbor  Master. 

Sec.  7.  Be  it  further  ordained ,  That  all  boats,  rafts,  and  other 
property  before  mentioned,  shall  be  retained  in  the  custody  of 
the  Harbor  Master,  until  all  fines,  forfeitures  and  charges, 


ORDINANCES. 


183 


mentioned  in  the  preceding  sections,  and  all  charges  for  wharf¬ 
age,  shall  be  paid  by  the  owner  or  person  having  charge  there¬ 
of;  and  if  said  lines,  forfeitures  and  charges  are  not  paid 
within  twenty-four  hours,  the  Harbor  Master  shall  sell  every 
sucli  boat,  raft  or  other  property  at  public  auction  to  the 
highest  bidder  for  cash,  first  having  given  at  least  fourteen 
days  previous  notice  of  the  time  and  place  of  said  sale,  in 
such  newspaper  as  may  be  selected  by  the  City  Council,  for 
the  time  being,  for  publishing  their  proceedings. 

Sec.  8.  Be  it  further  ordained,  That  the  proceeds  of  every 
such  sale,  after  deducting  such  fines,  forfeitures,  charges  and 
expenses  of  sale,  shall  be  paid  by  the  Harbor  Master  into  the 
city  treasury;  and  such  proceeds  after  the  deduction  herein¬ 
after  mentioned,  shall  be  paid  to  any  person  authorized  to 
receive  the  same  by  the  Treasurer,  on  the  presentment  of  an 
order  from  the  Mayor,  countersigned  by  the  City  Clerk;  Pro¬ 
vided  the  same  shall  be  claimed  within  twelve  months  after 
such  sale. 

Sec.  9.  Be  it  further  ordained ,  That  if  no  master,  owner,  or 
agent,  shall  appear  to  take  charge  of  any  boat  or  raft  which 
may  be  found  lying  at  the  Public  Landing,  or  any  other  pro¬ 
perty  landed  therefrom,  the  Harbor  Master  shall  take  charge 
of  the  same,  and  take  all  necessary  measures  to  secure  the 
same,  and  all  proper  charges  and  expenses  incurred  by  him 
Bhall  create  a  lien  thereon. 

Sec.  10.  Be  it  further  ordained,  That  if  the  master,  owner, 
or  agent,  shall  appear  within  sixty  days,  and  pay  to  the  Har¬ 
bor  Master  all  fees,  costs  and  charges,  for  which  any  such  boat, 
raft,  or  other  property,  may  be  liable,  the  same  shall  be  re¬ 
stored  to  sucli  master,  owner,  or  agent;  but  if  no  such  master, 
owner  or  agent,  appears  within  said  sixty  days,  or  appearing, 
shall  fail  to  pay  as  aforesaid,  the  Harbor  Master  shall  sell  such 
boat,  raft  or  other  property  for  cash,  at  public  auction,  to  the 
highest  bidder,  first  having  given  thirty  days  previous  notice 
of  the  time  and  place  of  sale,  by  posting  up  the  same  in  three 
public  places  in  said  city,  and  also  by  a  publication  thereof  in 
the  newspaper  aforesaid  :  Provided,  however,  that  if  such  boat, 
raft,  or  other  property,  shall,  in  the  opinion  of  the  Harbor  Mas- 


184 


ORDINANCES. 


ter  be  of  less  value  than  ten  dollars,  or  of  a  perishable  na¬ 
ture,  then  the  Harbor  Master  shall  not  be  required  to  wait 
sixty  days,  but  proceed  to  sell  such  boat,  raft,  or  other  proper¬ 
ty  as  herein  directed,  first  having  given,  thirty  days  notice  by 
posting  as  aforesaid. 

Sec.  11.  Be  it  further  ordained ,  That  the  Harbor  Master, 
after  deducting  all  fees,  cost,  and  charges  for  which  the  boat,, 
raft  or  other  property  was  liable,  shall  pay  the  proceeds  into- 
the  city  treasury,  and  the  balance,  after  the  deduction  herein¬ 
after  mentioned,  shall  be  refunded  to  any  person  authorized  to 
receive  the  same,  as  in  the  cases  of  sale  herein  provided  for. 

Sec.  12.  Beit  further  ordained ,  That  out  of  the  proceeds  of 
all  sales  made  under  this  ordinance,  the  city  shall  retain  two 
per  cent,  to  be  deducted  when  the  same  is  paid  over  to  the 
person  or  persons  entitled  thereto. 

Sec.  13.  Be  it  further  ordained ,  That  the  following  rates  of 
wharfage  fees  shall  be  levied  by  the  city  and  collected  by  the 
Harbor  Master,  to  wit : 

1st.  From  the  master  of  every  steamboat  which  may  regu¬ 
larly  or  temporarily  ply  between  New  Orleans  and  St.  Louis, 
Quincy,  Warsaw  or  Kekouk,  five  dollars  for  every  landing. 

2nd.  From  the  master  of  every  steamboat  which  may  regu¬ 
larly  or  temporally  ply  between  St.  Louis,  Quincy,  Warsaw 
or  Keokuk,  five  dollars  for  each  trip.. 

3rd.  From  the  master  of  every  steamboat  which  may  regu¬ 
larly  or  temporarily  ply  between  St.  Louis  and  Quincy,  five 
dollars  for  each  trip. 

4th.  From  the  master  of  every  other  steamboat  not  men¬ 
tioned  in  this  section,  two  dollars  for  each  landing. 

Sec.  14.  Be  it  further  ordained,  That  the  term  landing,  as 
used  in  the  preceding  sections,  shall  be  construed  to  mean 
and  apply  to  all  eases  where  a  boat  shall  stop  at  and  use  said 
wharf  for  any  purpose  whatever. 

Sec.  15.  Be  it  further  ordained,  That  every  steamboat  land¬ 
ing  at  said  wharf  as  aforesaid,  shall  be  liable  for  the  wharfage 
on  the  same,  as  well  as  her  owner  or  owners,  or  master  or 
other  person  having  charge  of  said  boat  for  the  time  being, 
and  suit  may  be  brought  by  said  city  to  recover  said  wharfage 


ORDINANCES. 


185 


against  the  owner  or  owners  of  such  boat,  or  her  master,  or 
other  person  having  her  in  charge  for  the  time  being,  and 
prosecuted  and  conducted  as  is  provided  by  ordinance  for  the 
prosecution  of  other  suits  by  said  city  for  the  violations  of 
other  city  ordinances;  or  said  city  may  have  an  attachment 
to  recover  said  wharfage,  to  be  issued  by  any  Police  Magis¬ 
trate  of  said  city,  either  against  the  owner  or  owners  of  such 
boat  by  their  proper  names,  or  by  the  name  and  style  of 
their  copartnership,  or  against  such  boat  by  her  name  or  de¬ 
scription  only,  authorizing  the  seizure  and  detention  of  such 
boat,  with  her  engines  and  machinery,  and  all  other  property, 
furniture,  or  goods  belonging  to  or  appertaining  to  such  boat, 
by  the  city  Marshal  or  other  officer,  to  whom  said  writ  may 
be  directed;  said  writ  to  be  issued  upon  the  Harbor  Master  or 
any  other  officer  making  affidavit  of  the  justness  of  the  de¬ 
mand  sued  for,  and  thenceforward  to  be  prosecuted  to  final 
judgment,  as  in  cases  of  attachment  before  justices  of  the 
peace,  under  chapter  vin  of  Revised  Statutes  of  the  State  of 
Illinois  of  1845. 

Sec.  16.  Be  it  further  ordained ,  That  the  Harbor  Master 
shall  enter  in  a  book  kept  for  the  purpose,  all  moneys  re¬ 
ceived  by  virtue  of  this  ordinance,  the  names  of  persons  or 
boats  from  whom  the  same  is  received,  the  specific  amount  re¬ 
ceived  from  each,  and  for  what  so  received,  and  shall  account 
to  the  city  council,  at  their  stated  monthly  meetings,  for  the 
same.  The  amount  accruing  to  the  city  shall  immediately  be 
paid  into  the  treasury  by  the  Harbor  Master,  and  the  Treasu¬ 
rer’s  receipt  filed  with  the  City  Clerk. 

Sec.  17.  Be  it  further  ordained ,  That  if  any  person  shall  de¬ 
face,  or  in  any  way  injure  any  post  ring,  or  other  appurte¬ 
nance  to  the  public  landing,  or  do  any  act  tending  in  any  wise 
to  the  injury  of  the  public  landing,  he  shall  forfeit  and  pay, 
for  the  use  of  said  city,  the  sum  of  five  dollars  for  every  such 
offence,  and  pay  all  the  expenses  of  repairing  or  replacing  the 
thing  injured. 

Sec.  18.  Be  it  further  ordained ,  That  whenever  the  Harbor 
Master  shall,  by  any  means,  be  unable  to  collect  any  fines,  for¬ 
feiture,  penalty,  cost,  charge  or  expense  accruing  under  this 


186 


ORDINANCES. 


ordinance,  on  demand  from  the  boat,  raft,  or  other  property 
herein  specified,  he  shall  and  cause  a  suit  to  be  instituted 
forthwith  against  any  person  liable  therefor;  and  nothing 
herein  contained  shall  prevent  the  Harbor  Master  from  giving 
testimony  in  any  such  action,  whenever  the  same  may  be  ne¬ 
cessary. 

Sec..  19.  Be  it  further  ordained ,  That  every  ferry  boat  ply¬ 
ing  between  said  city  and  the  opposite  side  of  the  Mississippi 
river,  by  virtue  of  a  license  from  the  city  council,  shall  be  ex¬ 
empt  from  the  payment  of  the  usual  rates  of  wharfage; 
Provided ,  that  every  such  boat  shall  occupy  but  one  place  of 
landing. 

O 

Sec.  20.  Be  it  further  ordained ,  That  there  shall  be  levied 
and  collected  from  the  master,  owner,  or  person  in  charge  of 
all  boats,  other  than  steamboats,  crafts  and  rafts,  such  wharf¬ 
age  fees  as  the  city  council  shall  from  time  to  time  order.- — 
The  city  Harbor  Master  shall  see  that  the  provisions  of  this 
ordinance  arc  fully  enforced,  and  may  take  possession  of  and 
retain  any  boat,  raft  or  craft  for  any  fees,  fines  or  penalties 
due  the  city  from  the  same,  or  master,  or  persons  having 
charge  of  the  same,  accrued  under  this  ordinance.  And  for 
any  violation  of  the  provisions  hereof,  the  person  committing 
such  violation  shall  forfeit  and  pay  to  the  city  of  Quincy  five 
dollars,  where  not  otherwise  provided  by  this  ordinance. 


ORDINANCES. 


187 


NO.  XLYI. 

An  Ordinance  Relating  to  the  Quarantine  and  Sanitary  Regxda- 

tions  of  the  City  of  Quincy. 

Sec.  1.  Who  not  to  be  brought  into  the  city  without  permit. 

2.  Dead  bodies  not  to  be  brought  into  the  city. 

3.  Paupers  not  to  be  brought  in. 

4.  Penalty.  Complaint— whom  by. 

5.  Attachment  may  issue. 

6.  Who  may  arrest.  Penalty  for  refusing  to  assist. 

Section  1.  Be  it  ordained  by  the  City  ' Council  of  the  city  of 
Quincy ,  That  hereafter  no  person  shall  be  brought  into  said 
city  from  any  point  by  any  land  conveyance,  or  landed,  or 
taken  from  any  steamboat,  or  any  water  craft  of  any  kind, 
within  the  city  limits,  or  within  the  distance  of  one  Statute 
mile  thereof,  then  having  the  Small  Pox,  Cholera,  Ship  Fever, 
or  any  evident  symptoms  of  said  diseases,  or  any  other  infec¬ 
tious  or  contagious  disease,  without  the  special  permit  of  the 
Mayor,  Health  Officer,  City  Physician  or  Harbor  Master  -of 
said  city. 

Sec.  2.  Be  it  further  ordained ,  That  no  land  conveyance  shall 
bring  into  the  city,  nor  any  steamboat,  canal  boat,  raft,  or 
other  water  craft,  shall,  at  any  time  hereafter,  land,  put 
off,  or  in  any  manner  leave  or  cause  to  be  left,  on  the  wharf  or 
river  bank,  within  the  city  limits,  or  within  one  Statute  mile 
thereof,  any  deceased  person,  or  the  remains  of  -any  dead 
person  or  animal,  without  the  special  permit  of  the  Mayor, 
Health  Officer,  City  Physician  or  Harbor  Master  of  said  city. 

Sec.  3.  Be  it  further  ordained ,  That  no  land  conveyance 
of  any  kind,  or  steamboat,  canal  boat,  barge,  raft,  or  any  other 
water  craft,  shall  hereafter  land  or  leave  within  the  limits  of 
the  city,  or  at  or  on  any  wharf  or  river  bank,  or  any  float  con¬ 
nected  therewith,  within  the  city  limits,  or  within  one  Statute 
mile  of  said  city  limits,  any  sick,  disabled  or  infirm  pauper  or 
person,  without  means  of  sustenance  or  support  for  at  least  ten 
days,  without  having  first  obtained  the  especial  permit  of  the 
Mayor,  Overseer  of  the  Poor,  City  Physician  or  Harbor  Mas¬ 
ter  of  said  city. 


188 


ORDINANCES. 


Sec.  4.  Be  it  further  ordained ,  That  any  person  who  shall 
violate  this  ordinance,  or  any  part  thereof,  shall  forfeit  and 
pay  for  the  use  of  said  city,  not  less  than  twenty-live  nor  more 
than  one  hundred  dollars  for  each  and  every  offence;  said  fine 
to  be  collected  on  the  complaint  of  the  Mayor,  Health  Officer, 
City  Physician,  Harbor  Master,  or  any  Police  officer,  in  the 
same  manner  as  other  fines  and  forfeitures  are  now  collected 
before  any  magistrate  having  jurisdiction. 

Sec.  5.  Be  it  further  ordained ,  That  every  steamboat,  canal 
boat,  barge,  or  water  craft,  violating  this  ordinance,  or  any 
part  thereof,  shall  be  held  liable  for  the  penalty  thereof,  as 
well  as  the  master,  owner  or  owners  thereof,  or  other  persons 
having  charge  of  such  boat,  barge  or  water  craft,  and  the 
Mayor,  Health  Officer,  City  Physician,  Harbor  Master  or  Po¬ 
lice  Officer,  shall  have  for  the  use  of  said  city,  an  attachment 
against  said  steam  boat,  canal  boat,  barge,  raft,  or  water  craft, 
in  the  manner  prescribed  in  an  ordinance  entitled  “An  Ordi¬ 
nance  relating  to  the  Public  Landing.” 

Sec.  6.  Be  it  further  ordained,  That  the  Mayor,  Health 
Officer,  Harbor  Master,  or  any  Police  officer,  shall  have  power 
to,  and  are  hereby  authorized  and  empowered,  to  arrest  any 
and  all1  persons  found  violating  any  of  the  provisions  of  this 
ordinance,  either  with  or  without  warrant,  and  hold  them  to 
bail  under  such  penalty  as  shall  be  deemed  proper  at  the  time, 
by  the  officer  making  said  arrest;  and  for  the  purpose  of  mak¬ 
ing  such  arrest,  they  are  hereby  fully  empowered  to  call  to 
their  aid  any  citizen  of  said  city,  and  any  person  so  called 
upon,  who  shall  refuse  to  render  such  assistance,  shall  be  sub¬ 
ject  to  a  fine  of  not  less  than  five  nor  more  than  fifty  dollars 
for  such  refusal. 


ORDINANCES. 


189 


NO.  XLVII. 

An  Ordinance  regulating  Omnibuses ,  Hackney  Carriages ,  Wagons 

and  Drays. 

Sec.  1.  Omnibuses  and  Hackney  carriages — what  declared  to  be. 

2.  Shall  be  numbered,  registered,  &c.,  and  how — transfer,  bow 
made. 

3.  Persons  wishing  to  keep  such  carriages,  to  apply  to  Clerk  for 
license — license,  how  given — penalty  for  using  without  li¬ 
cense. 

4.  Annual  tax  for  omnibuses. 

5.  Annual  tax  for  hackney  carriages. 

6.  Wagons  and  drays,  not  to  be  used  for  hire  unless  num¬ 
bered  and  registered— tax  to  be  paid  and  certificate  given— 
amount  of  tax  for  each — penalty. 

7.  Penalty  for  not  entering  and  registering. 

8.  New  certificate  to  be  taken  out  annually. 

9.  Penalty  for  neglect  to  do  so. 

10.  Penalties  to  create  a  lien  on  wagons  and  drays. 

11.  Penalty  for  refusing,  whilst  unemployed,  to  hanl  a  load. 

12.  Rates  of  fare  for  hauling — penalty  for  demanding  and  receiv* 
ing  a  higher  rate. 

13.  Price  to  be  charged. 

14.  Baggage  to  be  carried. 

15.  Certain  exceptions  to  this  ordinance. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  every  four-wheeled  carriage,  drawn  by  two  or 
more  horses,  having  a  door  opening  in  the  end  thereof,  which 
shall  be  kept  or  used  within  said  city,  for  the  purpose  of  car¬ 
rying  persons  to  and  fro,  through  the  city,  (mail  stages  only 
excepted,)  or  from  said  city  to  places  without  the  same,  or  from 
places  without  the  city  to  any  place  within  the  same,  for  hire 
or  payment  received  by  the  owner,  agent,  or  driver  thereof,  is 
hereby  declared  and  taken  to  be  an  omnibus,  and  any  other 
carriage  used  for  the  same  purpose,  is  declared  to  be  a  hack¬ 
ney  carriage,  within  the  meaning  of  this  ordinance. 

Sec  .  2.  Be  it  f  urther  ordained ,  That  no  owner  or  owners  of 
any  four-wheeled  carriage  kept  or  used  for  hire  as  an  omni¬ 
bus  or  hackney  carriage  within  the  limits  of  said  city,  shall 
himself  employ  or  use,  or  suffer  to  be  employed  or  used,  any 


190 


ORDINANCES. 


carriage  kept  or  used  for  the  purposes  aforesaid,  within  thp 
limits  of  said  city,  unless  such  carriage  he  first  entered,  num¬ 
bered  and  licensed  in  the  following  manner,  to  wit :  each  one 
shall  be  numbered  in  some  conspicuous  part  of  the  body  there¬ 
of,  with  plain  and  conspicuous  figures  in  oil  paint,  or  of  metal, 
not  less  than  two  inches  in  length,  to  begin  with  number  One, 
and  so  on  progressively  to  the  extent  of  the  number  of  such 
carriages;  and  the  same  and  all  assignments  and  tranferS  shall 
be  entered  and  registered,  together  with  the  name  and  place  of 
abode  of  the  owner  or  owners  thereof,  by  the  City  Clerk,  in  a 
book  kept  for  that  purpose,  and  such  license  shall  not  be  as¬ 
signable  or  transferable  without  the  consent  of  the  Mayor  of 
eaid  city. 

Sec.  3.  Be  it  further  ordained ,  That  any  person  wishing  to 
keep  any  four-wheeled  carriage,  as  an  omnibus  or  hackney  car¬ 
riage,  within  the  limits  of  said  city,  as  aforesaid,  shall  make 
application  to  the  Clerk  for  a  license  to  keep  the  same;  and 
the  Clerk  on  the  payment  of  the  fee  as  hereinafter  specified, 
shall  issue  such  license.  Any  person  kcepng  or  using,  or 
who  shall  permit  to  be  kept  and  used,  any  four-wheeled  car¬ 
riage  for  the  purpose  aforesaid,  without  first  obtaining  a  li¬ 
cense  therefor,  and  causing  such  carriage  to  be  numbered  and 
registered  as  hereinbefore  directed,  shall  forfeit  and  pay,  for 
the  use  of  said  city,  the  sum  of  ten  dollars  for  each  and  every 
offence. 

Sec.  4.  Be  it  further  ordained ,  That  the  amount  to  be  paid 
to  the  City  Clerk,  for  the  use  of  said  city,  for  a  license  to 
keep  a  four-wheeled  carriage  as  an  omnibus,  shall  be  ten  dol¬ 
lars  per  annum,  or  six  dollars  for  six  months. 

Sec.  5.  Be  it  further  ordained ,  That  the  amount  to  be  paid 
to  the  City  Clerk,  for  the  use  of  said  city,  for  a  license  to  keep 
a  four-wheeled  carriage  as  a  hackney  carriage,  shall  be  five 
dollars  per  annum,  or  three  dollars  for  six  months. 

Sec.  G.  Be  it  further  ordained ,  That  no  owner  or  owners  of 
wagons  or  drays,  employed  in  the  transportation  of  articles 
of  any  kind,  within  the  limits  of  said  city,  for  hire  or  pay, 
shall  himself  employ,  or  suffer  to  be  employed,  any  such  wagon 
or  dray,  for  the  purpose  aforesaid,  within  the  limits  of  said 


ORDINANCES. 


191 


city,  unless  such  wagon  or  dray  be  first  numbered  and  entered 
in  the  following  manner,  to  wit :  they  shall  be  numbered  with 
plain  and  conspicuous  figures  in  oil  paint  or  of  metal,  not  less 
than  three  inches  in  length,  on  the  outside  of  the  near  shaft  or 
side,  to  begin  with  number  One ,  and  so  on  progressively  to  the 
extent  of  the  number  of  such  carriages,  and  the  same  shall  be 
entered  and  registered,  together  with  the  name  and  place  of 
abode  of  such  owner  or  owners,  by  the  City  Clerk,  in  a  book 
kept  for  that  purpose.  Any  person  becoming  the  owner  or 
purchaser  of  any  such  carriage,  and  upon  Which  a  tax  has  been 
paid,  as  hereinafter  provided,  shall,  within  three  days  thereaf¬ 
ter,  have  the  same  entered  and  registered  in  his  own  name,  in 
the  manner  aforesaid;  and  upon  failure  thereof,  every  owner 
as  aforesaid  shall  forfeit  and  pay,  for  the  use  of  said  city,  the 
sum  of  ten  dollars;  and  the  City  Clerk  shall  thereupon  give  a 
certificate  of  such  entry,  and  shall  receive,  for  the  use  of  said 
city,  from  the  owner  or  owners  of  wagons  and  drays  aforesaid, 
the  sums  following,  to  wit  :  for  each  and  every  wagon,  five 
dollars  per  year,  or  three  dollars  for  six  months,  or  two  dol¬ 
lars  for  three  months;  and  for  each  and  every  dray,  three  dol¬ 
lars  per  year,  or  two  dollars  for  six  months;  and  the  samo 
course  and  proceedings  shall  be  had  and  adopted  in  all  future 
cases  of  persons  setting  up  or  following  the  said  business  or 
employment;  Provided ,  that  in  cases  of  transfers  of  wagons  or 
drays,  the  purchaser  shall  not  be  required  to  pay  any  addition¬ 
al  tax  thereon. 

Sec.  7.  Be  it  further  ordained ,  That  every  owner  or  owners 
of  wagons  or  drays,  who  shall  fail  to  enter  and  register  his 
wagons  or  drays  as  herein  required,  shall  forfeit  and  pay,  for 
the  use  of  said  city,  for  each  and  every  day  the  same  shall 
remain  unentered  and  unregistered,  the  sum  of  two  dollars. 

Sec.  8.  Be  it  further  ordained ,  That  the  owner  or  owners  of 
any  wagon  or  dray  shall,  unnually,  appear  at  the  office  of  the 
City  Clerk,  and  take  out  nevr  certificates,  for  which  certificates 
they  shall  respectively  pay  the  City  Clerk  the  sum  before  men¬ 
tioned. 

Sec.  9.  Be  it  further  ordained ,  That  the  owner  or  owners  of 
wagons  or  drays,  who  shall  fail  to  take  out  new  certificates,  as 
herein  required,  shall  forfeit  and  pay,  for  the  use  of  said  city,. 


192 


ORDINANCES. 


for  each  and  every  day  which  he  shall  be  in  default,  the  sum 
of  two  dollars. 

Sec.  10.  Be  it  further  ordained ,  That  the  penalties  hereby 
imposed  shall  be  and  continue  liens  on  the  wagons  and  drays, 
in  respect  whereof  they  may  have  been  incurred,  till  the  same 
are  paid  and  satisfied. 

Sec.  11.  Be  it  further  ordained ,  That  no  driver  of  a  regu¬ 
larly  licensed  wagon  or  dray,  shall,  whilst  unemployed,  refuse 
to  haul  a  load  or  loads,  for  any  person  or  persons,  who  shall 
tender  him  the  regular  fee,  under  a  penalty  of  five  dollars. 

Sec.  12.  Be  it  further  ordained ,  That  the  fare  of  wagons 
and  drays  for  hauling,  shall  not  exceed  the  following  rates,  to- 
wit :  for  a  wagon  or  dray  load,  two  squares  or  less,  twenty 
cents;  over  two  squares  and  not  exceeding  half  a  mile,  thirty- 
five  cents;  over  half  a  mile,  fifty  cents;  and  any  person  who 
shall  demand  and  receive  a  higher  rate  than  those  herein  speci¬ 
fied,  shall  forfeit  and  pay,  for  the  use  of  said  city,  the  sum  of 
five  dollars  for  each  and  every  offence. 

Sec.  IB.  Be  it  further  ordained ,  That  the  prices  to  be 
charged  by  the  owner  or  owners,  or  driver  of  any  omnibus  or 
hackney  carriage  for  the  conveyance  of  passengers  within  said 
■city,  shall  be  as  follows  v 

For  conveying  a  passenger  to  any  point  within  said  city, 
twenty-five  cents. 

For  conveying  children  between  five  and  fourteen  years  of 
■age,  half  the  above  prices  may  be  charged,  but  for  children 
under  five  years  no  charge  shall  be  made. 

Sec.  14.  Be  it  further  ordained ,  That  every  passenger  shall 
be  allowed  to  have  conveyed  upon  such  vehicle  without 
charge,  his  ordinary  traveling  baggage,  not  exceeding  in  any 
case,  one  trunk  and  twenty-five  pounds  of  other  baggage.  For 
every  additional  package,  wdiere  the  whole  weight  of  baggage 
is  over  one  hundred  pounds,  the  owner  or  driver  shall  be  per¬ 
mitted  to  charge  ten  cents. 

Sec.  15.  Be  it  further  ordained ,  That  this  ordinance  shall 
■not  apply  to  persons  residing  out  of  said  city  and  coming  to 
market,  who  shall  transport,  for  hire  or  pay,  any  article  from 
said  city  to  any  place  without  the  same. 


ORDINANCES. 


193 


NO.  XLVIII. 

An  Ordinance  Regulating  the  Erection  of  Awnings  or  Sheds  and 
Cross-signs  over  the  Sidewalks  throughout  the  city. 

Sec.  1.  Height  of,  &c. 

2.  Signs,  height  of. 

3.  Awnings  and  signs  to  conform. 

4.  Nuisance  in  certain  cases. 

5.  Street  Commissioner.  Duty  and  power  of. 

6.  Penalty. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy,  That  all  awnings  or  sheds  erected  over  sidewalks 
throughout  the  city,  shall  be  of  one  uniform  patterti,  and  in  all 
their  lateral  parts  at  least  thirteen  and  one-half  feet  above  the 
outer  edge  of  the  sidewalks.  The  posts  supporting  the  same 
to  be  turned  and  painted  white,  and  not  to  be  used  in  any  man¬ 
ner  for  the  exhibition  or  sale  of  any  kind  of  goods,  and  no  de¬ 
vices  or  signs  shall  be  placed  or  painted  upon  any  of  said  posts 
or  awnings,  nor  any  person  be  permitted  to  post  notices  of  any 
kind  upon  them. 

Sec.  2.  Be  it  further  ordained ,  That  no  person  shall  be  per¬ 
mitted  to  suspend  signs  of  any  kind  across  any  side  walk  with¬ 
in  said  city,  unless  the  same  shall  be  at  least  twelve  feet  above 
said  sidewalks. 

Sec.  3.  Be  it  further  ordained,  That  The  Street  Commis¬ 
sioner  be  and  he  is  hereby  authorized  to  permit  the  erection 
of  awnings  or  sheds  and  cross  signs  in  conformity  to  this  ordi¬ 
nance. 

Sec.  4.  Be  it  further  ordained ,  That  all  awnings  or  sheds 
and  all  cross  signs  over  sidewalks  throughout  the  city  now 
erected  or  which  may  hereafter  be  erected,  not  in  conformi¬ 
ty  to  this  ordinance,  arc  hereby  declared  to  be  nuisances. 

Sec.  5.  Be  it  further  ordained,  That  it  shall  be  the  especial 
duty  of  the  Street  Commissioner  to  see  that  all  awnings  or 
sheds,  and  all  cross  signs  are  made  in  conformity  to  this  ordi¬ 
nance,  and  said  Street  Commissioner  is  hereby  fully  authorized 
and  empowered  (after  giving  three  days  notice  to  parties  violating 
this  ordinance)  to  remove  all  such  awnings  or  sheds,  and  cross 

13 


194 


ORDINANCES. 


✓ 


signs  peaceably,  if  permitted,  or  forcibly  if  resisted,  and  for 
this  purpose  lie  shall  have  full  power  and  authority  to  call  to 
his  aid  any  or  all  the  Police  of  said  city. 

Sec.  6.  Be  it  further  ordained,  That  any  person  who  shall 
violate  any  of  the  provisions  of  this  ordinance,  shall  forfeit 
and  pay  for  the  use  of  said  city  not  less  than  five  nor  more 
than  one  hundred  dollars,  as  also  all  expense  incurred  in  re¬ 
moving  such  awning  or  shed  or  cross  sign. 


NO.  XLIX. 

Jin  Ordinance  for  the  Prevention  of  Fires. 

Sec.  1.  Fire  limits  defined. 

2.  Buildings  to  be  erected.  Exceptions. 

3.  Outside  and  party  walls. 

4.  How  constructed.  Heights  of. 

5.  Joists,  &c.  How  separated. 

6.  Space  between  walls. 

7.  End  walls.  Heights  of. 

8.  Sheds  and  privies.  Ash  houses. 

9.  Repairs.  How  made.  Permit  for. 

10.  Penalty. 

11.  Power  to  remove. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  all  that  part  of  said  city  embraced  within  the 
following  limits,  shall  be  hereafter  known  as  the  Fire  Limits, 
to-wit :  From  Seventh  street  to  the  river,  and  between  Ver¬ 
mont  and  Jersey  streets. 

Sec.  2.  Be  it  further  ordained ,  That  no  building  shall  be 
hereafter  erected  within  the  Fire  Limits  (except  as  hereinafter 
excepted,)  unless  the  same  shall  be  constructed  in  conformity 
with  the  following  provisions : 

Sec.  3.  Be  it  further  ordained ,  That  all  outside  and  party 
walls  shall  be  made  of  stone, brick  or  other  fireproof  material. 

Sec.  4.  Be  it  further  ordained,  That  all  outside  and  party 
walls,  exceeding  twenty-four  feet  in  height,  from  the  top  of  the 
sidewalk  to  the  under  side  of  the  roof,  joist  or  rafters,  shall  not 


ORDINANCES...  195 

be  less  than  twelve  inches  in  thickness  if  of  brick,  and  not  less 
than  sixteen  inches  in  thickness  if  of  stone;  if  exceeding  said 
height  of  twenty-four  feet,  and  if  of  three  stories  high,  then 
not  less  than  sixteen  inches  for  the  first  story,  and  not  less 
than  twelve  inches  for  the  second  story  if  of  brick,  and  not  less 
than  twenty  inches  in  thickness  for  the  first  story  and  not  less 
than  sixteen  inches  for  the  second  story  if  of  stone. 

Sec.  5.  Be  it  further  ordained ,  That  all  joists,  beams  and 
other  timbers  in  outside  and  party  walls,  shall  be  separated  at 
least  four  inches  from  each  other,  with  stone  or  brick  laid  in 
mortar,  and  all  wooden  lintels  or  plate  pieces,  in  the  front  or 
rear  walls,  shall  recede  from  the  outside  of  the  wall  at  least 
four  inches.  . 

Sec.  6.  Be  it  further  ordained ,  That  there  shall  not  be  more 
than  thirty  feet  space  between  the  party  or  outside  walls  of 
any  building,  unless  such  building  shall  be  supported  by  iron 
or  other  columns  or  supports,  of  fire  proof  material. 

Sec.  .  7.  Be  it  further  ordained ,  That  all  end  and  party  walls 
where  the  buildings  connect  shall  extend  above  the  sheeting 
of  the  roof  at  least  seven  inches  or  three  courses  of  brick,  and 
in  no  case  shall  the  planking  or  sheeting  of  the  roof  extend 
across  any  party  or  end  wall.. 

Sec.  8.  Sheds  not  exceeding  twelve  feet  in  height  at  the 
peak  or  highest  part  thereof,  and  privies  not  exceeding  ten 
feet  square  and  twelve  feet  in  height  at  the  peak,  may  likewise 
be  constructed  of  wood,  and  shall  not  be  subject  to  the  provi¬ 
sions  of  this  ordinance.  But  all  depositories  for  ashes,  within 
or  without  the  fire  limits,  shall  be  built  of  brick  or  other  fire 
proof  material  without  wood  in  any  part  thereof. 

Sec.  9.  No  wooden  building  or  part  of  building  within  the 
fire  limits  shall  be  raised,  repaired,  enlarged  or  removed  to 
any  other  place  within  the  same;  nor  shall  any  such  building 
be  removed  into  the  fire  limits.  Nor  shall  any  wooden  build¬ 
ing  within  said  limits,  which  may  hereafter  be  damaged  by 
lire  be  repaired  or  rebuilt  without  a  special  permit  from  the 
city  council. 

Sec.  10.  Be  it  further  ordained ,  That  any  owner,  builder 
or  other  persons  who  shall  own,  build  or  aid  in  the  erection  of 


196 


ORDINANCES. 


any  building  or  part  of  building  within  the  fire  limits,  contra¬ 
ry  to  or  in  any  other  manner  than  authorized  by  the  provi¬ 
sions  of  this  ordinance,  or  who  shall  own,  remove  or  assist  in 
removing  any  such  building  from  without  said  limits  into  the 
same,  or  own,  repair,  or  assist  in  repairing  any  damaged  wood¬ 
en  building  contrary  in  either  case  to  any  provision  of  this  or¬ 
dinance,  shall  be  subject  to  a  fine  of  not  less  than  twenty-five 
dollars  and  not  exceeding  one  hundred  dollars,  in  the  discre¬ 
tion  of  the  Police  Court,  for  the  first  offence,  and  fo  a  like  fine 
for  every  forty-eight  hours  such  person  shall  fail  to  comply 
with  the  provisions  of  this  ordinance,  or  contiuue  in  the  viola¬ 
tion  of  this  ordinance.  If  any  person  shall  violate  any  other 
provision  of  this  ordinance  he  shall  be  subject  to  a  like  fine. 

Sec.  11.  Any  wooden  building  which  may  be  erected,  en¬ 
larged,  removed  or  repaired,  or  in  process  of  erection,  enlarge¬ 
ment,  removal  or  repair,  contrary  to  this  ordinance,  shall  be 
deemed  a  nuisance;  and  upon  information,  it  shall  be  the  duty 
of  the  Mayor,  after  due  notice  to  the  owner  or  builder  thereof 
to  abate  the  same,  by  an  order  in  writing  to  require  the  Police 
Constable  to  raze  such  building  to  the  ground.  The  expenses 
of  such  removal  shall  be  reported  by  the  Police  Constable  to 
the  city  council  for  assessment,  and  may  be  collected  of  the 
owner  of  such  building  by  suit. 


NO.  L. 

An  Ordinance  entitled  an  Ordinance  Regulating  the  width  of  Side¬ 
walks,  and  the  Curbstones  thereof. 

Sec.  1.  Width  of.  How  constructed. 
i2.  Curbstones.  Stee  of,  &c. 

3.  Penalty. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  all  sidewalks  throughout  the  city  shall  be  of  the 
width  of  twelve  feet,  and  laid  with  brick  or  rock,  where  the 
same  have  not  already  been  established  by  order  of  the  coun¬ 
cil  of  some  other  width,  or  where  the  same  shall  not  hereafter 


ORDINANCES. 


19  T 

foe  ordered  of  some  other  width  in  the  order  directing  the  same 
to  be  constructed. 

Sec.  2.  Be  it  further  ordained ,  That  all  curbstones  through¬ 
out  the  city,  shall  be  of  four  inches  in  thickness,  and  said  curb¬ 
stones  shall  all  be  smoothly  jointed  for  the  depth  of  at  least 
ten  inches,  so  as  to  prevent  the  sand  from  running  through  the 
same,  and  all  corners  of  curbing  at  the  intersection  of  streets, 
shall  be  made  with  a  curve  or  circle. 

Sec.  3.  .Be  it  further  ordained ,  That  whoever  shall  violate 
any  of  the  provisions  of  this  ordinance,  shall  forfeit  and  pay 
for  the  use  of  said  city  not  less  than  one  nor  more  than  one 
hundred  dollars. 


NO.  LI. 

An  Ordinance  Providing  for  Standing  Committees * 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy ,  That  the  Standing  Committees  shall  be  as  follows  : 

1st.  An  Ordinance  Committee,  to  consist  of  one  Alderman 
from  each  Ward. 

2d.  A  Committee  on  Ferry  and  Wharf,  to  consist  of  one 
Alderman  from  each  Ward. 

3d.  A  Committee  on  Markets,  to  consist  of  two  Aldermen. 

4th.  An  Auditing  Committee,  to  consist  of  three  Aldermen. 

5th.  A  Committee  on  Gas  Lights,  to  consist  of  one  Aider- 
man  from  each  Ward. 

All  of  the  foregoing  Committees  to*  be  appointed  by  the 
Mayor. 

6th.  There  shall  also  be  a  Finance  Committee,  to  consist 
of  two*  who  shall  be  elected  by  the  Council  by  ballot. 


198 


ORDINANCES. 


NO.  LII. 

An  Ordinance  Relating  to  the  Compensation  of  City  Officers . 

Sec.  1.  Mayor’s  salary. 

2.  City  Clerk’s  salary  and  fees. 

3.  Treasurer’s  compensation. 

4.  Marshal’s  fees. 

5.  Engineer’s  salary  and  fees. 

6.  Overseer  of  the  Poor — his  salary. 

7.  Clerk  of  the  Market — his  salary  and  perquisites. 

8.  Harbor  Master’s  compensation. 

9.  Eire  Warden’s  do. 

10.  Sexton’s  do. 

11.  Wood  Measurer’s  do. 

12.  Measurer  of  Lumber  do. 

13.  City  Physician. 

14.  Superintendent  of  Schools. 

15.  Street  Commissioner. 

16.  Aldermen. 

•17.  Restrictions. 

Section  1.  Be  it  ordained  hy  the  City  Council  of  the  city  of 
Quincy ,  That  the  Mayor  of  said  city  shall  receive  a  salary  oi” 
two  hundred  and  fifty  dollars  per  annum,  together  with  such 
compensation  as  may  be  provided  by  ordinance  or  resolution 
of  the  City  Council,  for]  any  extraordinary  service  required 
of  him,  or  other  duty  than  such  as  properly  belongs  to  his 
office  of  Mayor. 

Sec.  2.  Be  it  further  ordained ,  That  the  City  Clerk  shall 
receive  a  salary  of  six  hundred  dollars  per  annum,  and  the  fol¬ 
lowing  fees  :  for  entering  order  levying  a  special  tax,  on  each 
lot  or  part  of  lot,  twenty-five  cents;  for  advertising,  in  case  of 
special  tax,  on  each  lot  or  part  of  lot,  including  sale  thereof, 
in  case  of  sale,  twenty-five  cents;  for  each  certificate  of  re¬ 
demption  from  such  sale,  twenty-five  cents;  for  -each  lot  or 
part  of  lot  deeded,  including  acknowledgment  of  deed,  seven¬ 
ty-five  cents;  for  issuing  license,  fifty  cents,  except  ferry 
licenses,  which  shall  be  one  dollar;  for  a  license  and  taking 
bond,  one  dollar;  for  writing  each  official  bond  and  certificate 
-of  qualification,  fifty  cents;  but  none  of  said  fees  shall  be  paid 


ORDINANCES. 


190 


out  of  tlie  city  treasury.  He  shall,  also,  receive  such  fees  as 
may  be  provided  for  in  the  revenue  ordinances  of  the  city,  or 
may  be  allowed  by  ordinance  or  resolution  of  the  City  Council. 

Sec.  3.  Be  it  further  ordained ,  That  the  City  Treasurer 
shall  receive  as  a  compensation  for  his  services,  one  per  cent, 
on  all  moneys,  other  than  the  school  moneys,  received  by  him, 
to  be  deducted  at  the  time  of  receipt :  and  on  all  school  moneys 
received  by  him  two  per  cent.,  to  be  deducted  as  aforesaid. 

Sec.  4.  Be  it  further  ordained ,  That  the  City  Marshal  shall 
receive  the  same  fees  for  services  of  process  issued  from  the 
Police  Magistrate’s  Court,  as  is  or  may  be  allowed  by  the 
laws  of  this  State  to  constables  for  like  services;  and  also,  the 
same  fees  in  case  of  arrest  without  process,  as  if  such  arrest 
had  been  made  on  due  process;  ten  per  cent,  on  all  fines,  for¬ 
feitures  and  penalties  for  violation  of  any  ordinance,  collected 
without  suit,  when  no  special  compensation  is  provided  for  by 
such  ordinance;  for  every  dog  or  slut  killed  by  him  by  authori¬ 
ty  of  any  ordinance,  fifty  cents,  to  be  paid  out  of  the  city 
treasury;  for  the  registry  of  each  dog  or  slut,  twenty-five 
cents;  twenty-five  cents  for  keeping  each  hog  or  pig  taken  up, 
and  fifty  cents  for  the  sale  thereof;  and  also,  such  other  fees 
as  may  be  provided  by  the  revenue  or  other  ordinances  of  the 
'City  Council. 

Sec.  5.  Be  it  further  ordained ,  That  the  City  Engineer 
shall  receive  a  salary  of  seven  hundred  dollars  per  annum, 
and  shall  pay  for  all  assistance  needed  in  his  department;  he 
shall  also  receive  the  following  fees  :  for  surveying  any  pri¬ 
vate  lot  in  said  city  and  marking  the  corners  thereof,  one  dol¬ 
lar  and  fifty  cents,  to  be  paid  by  the  person  requiring  the  ser¬ 
vice  to  be  performed;  .for  surveying  and  marking  as  above  and 
subdividing  the  same,  an  additional  fee  of  twenty-five  cents  for 
each  subdivision,  to  be  paid  by  the  same  person;  for  designa¬ 
ting  the  line  or  grade  of  any  street,  lane,  avenue  or  alley,  on 
which  any  person  is  desirous  of  building  a  house,  erecting  a 
fence,  grading  or  paving  a  sidewalk,  or  where  a  sidewalk  is 
ordered  by  the  City  Council  to  be  made,  one  dollar  for  each 
line  and  grade  so  designated,  to  be  paid  by  the  applicant, 
or  owner  of  the  lot :  Provided ,  the  grade  shall  have  been  es- 


200 


ORDINANCES. 


tablished  by  the  City  Council.  He  shallr  also,  be  entitled  to 
such  other  fees  and  charges  as  may  be  allowed  him  by  ordi¬ 
nance  or  resolution  of  the  City  Council. 

Sec.  6.  Be  it  further  ordained ,  That  the  Overseer  of  the 
Poor  shall  receive  a  salary  of  three  hundred  and  fifty  dollars, 
per  annum. 

Sec.  7.  Be  it  further  or  darned,  That  the  Clerk  of.  the  Mar* 
ket  shall  receive  a  salary  of  two  hundred  dollars  per  annum,, 
and  ten  per  cent,  of  all  fines,  forfeitures  and  penalties  collected 
by  him  without  suit;  and  also,  such  other  fees  aaid  perquisites 
as  may  be  allowed  him  by  ordinance  or  resolution  of  the  City 
Council* 

Sec.  8.  Be  it  further  ordained ,  That  the  city  Harbor 
Master  shall  receive,  as  a  compensation  for  his  services,  ten 
per  cent,  of  all  money  received  by  him  as  wharfage,  and  fifty 
per  cent,  of  all  fines,  forfeitures  and  penalties  by  him  collected, 
and  in  addition  thereto,  ten  per  cent,  on  all  sales  made  by  vir¬ 
tue  of  the  ordinance  relating  to  the  public  landing,  said  fees 
to  be  deducted  at  the  time  of  collection. 

Sec.  9.  Be  it  further  ordained ,  That  the  Fire  Warden 
shall  receive  a  salary  of  one  hundred  dollars  per  annum,  and 
his  assistants  shall  receive  such  compensation  as  the  city  coun¬ 
cil  may,  from  time  to  time,  determine. 

Sec.  10.  Be  it  further  ordained ,  That  the  City  Sexton  shall 
receive  such  compensation,  in  addition  to  fees  which  may  be 
allowed  to  him  by  ordinance  of  the  city  council,  as  may  be 
deemed  reasonable  by  the  city  council. 

Sec.  11.  Be  it  further  ordained ,  That  the  City  Wood  Measu¬ 
rer  shall  receive  as  a  compensation  for  his  services,  such  fees 
as  may  be  provided  by  ordinance  of  the  city  council. 

Sec.  12.  Be  it  further  ordained,  That  the  City  Measurer  of 
Lumber  and  so  forth,  shall  receive,  as  a  compensation  for  his 
services,  such  fees  as  may  be  provided  by  ordinance  of  the 
city  council. 

Sec.  13.  Be  it  further  ordained,  That  the  City  Physician 
shall  receive  a  salary  of  two  hundred  and  fifty  dollars  per  an¬ 
num,  which  shall  be  in  full  for  services,  as  well  as  medicines 
used  in  the  discharge  of  his  duties  as  physician. 


ORDINANCES, 


201 


Sec.  14.  Be  it  further  ordained ,  That  the  Superintendent 
of  Schools  shall  receive  a  salary  of  two  hundred  dollars  per 
annum. 

Sec.  15.  Be  it  further  ordained,  That  the  Street  Commis¬ 
sioner  shall  receive  a  salary  of  seven  hundred  and  fifty  dollars 
per  annum. 

Sec.  16.  Be  it  further  ordained,  That  each  Alderman  shall 
receive  as  salary  two  dollars  for  each  stated  monthly  meeting 
of  the  council,  when  present,  and  fifty  cents  for  each  special 
meeting  of  the  council,  when  present. 

Sec.  17.  Be  it  further  ordained ,  That  the  salary  of  no  officer 
herein  mentioned,  or  that  of  any  other  officer  rendered  neces¬ 
sary  by  the  creating  of  any  office  hereafter,  shall  either  be  in¬ 
creased  or  diminished  during  the  term  for  which  he  is  elected. 

- o— : - 

ERRATA. 

Wherever  the  words  “ Police  Constable ”  occur  on  pages  74  and  75, 
read  “City  Marshal” 

On  page  108,  5  lines  from  the  top,  for  the  word  “Mayor,”  read 
£< Police  Magistrate .” 


202 


ORDINANCES. 


NO.  LIII. 


An  Ordinance  Adopting  a  Code  of  Revised  Ordinances. 

Sec.  1.  Revised  Ordinance  adopted.  Exceptions. 

2.  Ordinances — how  construed.  Exceptions. 

3.  Special  exceptions  from  repealing  clause. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Quincy ,  That  the  foregoing  Revised  Ordinances  shall  be  in 
force,  and  of  full  authority  within  the  city,  from  and  after  the 
seventeenth  day  of  April,  eighteen  hundred  and  fifty-six.  And 
all  ordinances  of  the  city,  the  subject  matter  of  which  is  therein 
treated  on  and  provided  for,  be  and  the  same  are  hereby  re¬ 
pealed  from  and  after  the  said  seventeenth  day  of  April,  eigh¬ 
teen  hundred  and  fifty-six  :  Provided ,  however,  that  such  repeal 
shall  in  no  wise  affect,  or  invalidate,  any  act  done,  right  ac¬ 
crued,  offence  committed,  penalty  incurred,  prosecution  or 
proceeding  commenced  before  the  day  and  year  aforesaid;  but 
all  such  acts,  rights,  offences,  penalties,  prosecutions  and  pro¬ 
ceedings,  shall  be  and  remain  in  the  same  condition,  and  of 
the  same  force  and  effect  in  all  respects  as  if  this  ordinance  had 
not  been  made. 

Sec.  2.  Be  it  further  ordained ,  That  whenever,  in  any  ordi¬ 
nance,  any  subject  matter,  party,  or  person  is  described  or  re¬ 
ferred  to  in  the  singular  number,  and  any  two  or  more  such 
subject  matters,  parties,  or  persons  are  equally  within  the  rea¬ 
son  and  object  of  the  ordinance,  the  language  thereof  shall  be 
so  construed  as  to  embrace  them;  and  if,  in  like  manner, 
words  are  used,  importing  the  plural  number,  they  shall  be 
held  applicable,  under  like  circumstances,  to  any  single  mat¬ 
ter,  party,  or  person  referred  to;  and  if  the  terms  of  the  ordi¬ 
nance  refer  to  males  only,  they  shall  be  understood,  in  similar 
cases,  to  include  females  also  :  Provided ,  that  these  rules  of 
construction  shall  not  prevail,  if  there  be  any  special  provision 
in  such  ordinance,  or  anything  in  the  context,  or  in  the  sub¬ 
ject  matter  thereof,  plainly  repugnant  to  such  an  interpre¬ 
tation. 


ORDINANCES. 


203 


Sec.  3.  Be  it  further  ordained ,  That  all  ordinances  of  the 
city  establishing  any  street  or  streets,  lane,  alley  or  avenue,  or 
establishing,  changing  or  altering  the  grade  of  streets,  or  of 
any  street,  lane,  alley  or  avenue  within  the  city,  and  all  ordi¬ 
nances  of  a  purely  special  character,  and  local,  only,  to  a  par¬ 
ticular  object,  or  the  intent  and  purpose  of  which  has  been 
fully  accomplished  and  executed,  and  which  remains,  only,  as 
authority  for  such  act  or  execution,  the  same  not  being  provided 
for  in  the  foregoing  Revised  Ordinances,  shall  remain  in  force 
and  unrepealed. 

Passed  in  Council,  this  seventeenth  day  of  April,  a.  d.  1856. 


ORDINANCES. 

NO.  LIV. 


205 


An  Ordinance ,  entitled  an  ordinance  supplementary  to  or¬ 
dinance  No.  49,  entitled  an  ordinance  for  the  prevention  of 
fires. 

Be  it  ordained  by  tbe  city  council  of  the  city  of  Quincy, 
That  the  Fire  limits  of  said  city  be  and  are  hereby  extended 
so  as  to  embrace  all  that  ground  included  between  second 
street  and  the  Mississippi  river,  and  between  Vermont  street 
on  the  south  and  Oak  street  on  the  north. 

Passed  June  27th,  1856. 


NO.  LV. 

Sec.  1.  Mayor  authorized  to  subscribe. 

2.  “  to  prepare  Bonds  and  date  thereof. 

3.  Trustee  appointed — duties  of. 

An  Ordinance ,  entitled  an  ordinance  authorizing  the  Mayor 
to  subscribe  to  the  Capital  StocJc  of  the  Northern  Cross  Rail 
Road  Company. 

Section  1.  Be  it. ordained  by  the  city  council  of  the  city 
of  Quincy,  That  the  Mayor  of  said  city  be,  and  is  hereby  em¬ 
powered,  authorized  and  directed,  in  the  name  and  in  behalf 
of  said  city,  to  subscribe  in  the  sum  of  Two  Hundred  Thousand 
Dollars  to  the  Capital  Stock  of  the  Northern  Cross  Rail  Road 
Company,  for  the  purpose  of  extending  said  Northern  Cross 
Rail  Road  from  the  East  end  of  the  Depot  Grounds  of  said 
Company,  at  Camp  Point,  to  the  Illinois  River,  by  which  said 
act  of  its  chief  Executive  officer  the  faith  of  said  city  shall  be 
irrevocably1  pledged  to  said  Company  in  the  sum  of  Two  Hun¬ 
dred  Thousand  Dollars. 

•Sec.  2.  Be  it  further  ordained,  That  the  Mayor  of  said 
city  is  hereby  authorized  and  directed  without  delay,  to  cause 
to  be  prepared  Two  Hundred  Bonds  for  One  Thousand  Dol¬ 
lars  each,  being  interest  at  the  rate  of  eight  per  cent,  per  an¬ 
num,  payable  to  the  Northern  Cross  Rail  Road  Company  or 

14 


206 


ORDINANCES. 


Bearer.  Said  Bonds  shall  be  executed  and  bear  date  the  first 
day  of  January,  A.  H.  1857,  both  principal  and  interest  pay¬ 
able  in  the  city  of  New  York,  at  the  office  of  the  Great  West¬ 
ern  Bail  Boad  Company,  the  interest  payable  semi-annually 
on  the  first  day  of  January  and  July  of  each  year,  for  which 
Coupons,  bearing  same  dates  as  Bonds  aforesaid,  signed  by 
the  Mayor,  shall  be  attached.  The  principal  of  said  Bonds 
payable  as  aforesaid  in  tiventy  years  after  the  date  thereof. 
The  said  Bonds  shall  be  signed  by  the  Mayor  of  the  city  of 
Quincy,  and  countersigned  by  the  City  Clerk  of  said  city, 
with  the  Corporate  Seal  of  said  city  annexed. 

Sec.  3.  Be  it  further  ordained,  That  when  said  Bonds  are 
signed  and  executed  as  aforesaid,  the  same  shall  be  delivered 
by  the  Mayor  to  Isaac  0.  Woodruff  of  Quincy,  Illinois,  to  be 
by  him  held,  until  the  Legislature  of  the  State  of  Illinois  shall 
legalize  and  ratify  the  act  of  the  said  Mayor,  Clerk  and  City 
Council  as  aforesaid; — thereupon  the  said  Isaac  0.  Woodruff 
shall  deliver  said  Bonds  to  the  person  or  persons  entitled  to 
receive  the  same,  upon  receiving  Two  Hundred  Thousand 
Hollars  of  the  Stock  of  the  Great  Western  Bail  Boad  Com¬ 
pany,  or  the  Company  or  Companies  with  which  the  Great 
Western  may  be  consolidated. 

Passsed  August  4th,  1856. 

NO.  LYI. 

An  Ordinance  for  the  protection  of  Public  Cisterns. 

Sec.  1.  Prohibitions. 

2.  Who  to  have  control  of. — Penalty. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Quincy,  That  no  person  shall  take  or  draw  water  from  any 
Public  Cistern  within  the  city,  or  turn  any  water  spout  lead¬ 
ing  into  any  cistern  so  as  carry  the  water  away  from  the  same ; 
or  when  any  water  spout  leading  into  any  cistern  has  been 
tT7.rp.ed  off  by  the  Fire  Warden  or  his  assistants  turn  the  same, 
t  ,  vey  the  water  therein,  nor  to  remove  any  cover 


ORDINANCES. 


207 


from  any  cistern,  and  leave  the  same  open,  nor  injure  in  any 
manner  any  conductor  leading  thereto  ;  or  in  any  manner  in¬ 
jure  any  cistern,  or  any  of  the  appurtenances  thereto  be¬ 
longing. 

Sec.  2.  Be  it  further  ordained,  That  the  Fire  Warden 
and  his  assistants  shall  at  all  times  have  the  control  of  all 
Public  Cisterns  throughout  the  city,  and  without  the  permis¬ 
sion  of  the  Fire  Warden  or  assistant  no  person  shall  be  per¬ 
mitted  to  move  or  remove  .any  fixture  appertaining  to  any 
Public  Cistern  except  in  case  of  fire  or  for  the  purpose  of  try¬ 
ing  and  washing  Fire  Engines  ;  when  it  shall  be  lawful  for  all 
Fire  Companies  to  have  free  access  to  any  cistern  desirable. 
Every  person  violating  any  of  the  provisions  of  this  ordinance 
shall  forfeit  and  pay  for  the  use  of  said  city  not  less  than  one 
nor  more  than  one  hundred  dollars  for  each  and  every  offence. 

N  Passed  August  4th,  1856. 

i 

NO.  EVIL — Repealed, 

NO.  LYIII. 

An  Ordinance ,  entitled  an  ordinance ,  defining  the  duties  of 
City  Clerk ,  City  Marshal  and  City  Treasurer ,  in  relation  to 
the  revenues  of  the  city  of  Quincy  ;  and  also  defining  the 
commissions  to  be  paid  City  Treasurer. 

.Sec.  1.  Duties  of  City  Clerk. 

2.  “  “  Marshal. 

3.  “  “  Treasurer. 

4.  Prohibitions. 

5.  Ordinary  Revenue  defined. 

6.  Treasurer  compensation  of. 

7.  Repealing  clause. 

8.  In  force  when. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Quincy,  That  the  City  Clerk  shall  in  addition  to  the  duties 
now  required  of  him  by  the  revenue  laws  of  said  city,  furnish 
to  the  City  Treasurer,  at  the  time  the  City  Marshal  receives 


208 


ORDINANCES. 


the  tax  list  of  each  year,  a  certificate  showing  the  amount  of 
taxes  on  said  list  levied  for  the  creation  of  a  School  Fund,  an 
Interest  Fund,  General  and  Special  Sinking  Fund,  and  Gas 
Fund ;  and  also  the  amount  of  ordinary  revenue  contained  in 
said  tax  list ;  and  shall  also  furnish  said  Treasurer  with  a  cer¬ 
tificate  of  the  amount  of  all  special  taxes  levied  for  any  speci¬ 
fic  purpose  during  the  fiscal  year,  at  such  time  as  the  City 
Marshal  shall  receive  said  special  tax  list  for  collection. 

Sec.  2.  Be  it  further  ordained  that  the  City  Marshal  in 
the  payment  of  money  to  the  City  Treasurer,  shall  specify  the 
particular  Fund  to  which  the  same  belongs. 

Sec.  3.  Be  it  further  ordained,  That  hereafter  it  shall  be 
the  duty  of  the  City  Treasurer  to  keep  a  separate  account  of 
all  money  coming  into  his  hands,  showing  the  amount  belong¬ 
ing  to  the  School  Fund,  the  Interest  Fund,  the  Gas  Fund,  the 
General  Sinking  Fund,  all  Special  Sinking  Funds,  all  Special 
Tax  Funds  raised  for  any  specific  purpose,  and  also  any  and 
all  Special  Funds  created  at  any  time ;  also  the  ordinary  Re¬ 
venue  Fund. 

Sec.  4.  Be  it  further  ordained,  That  the  City  Treasurer 
shall  not,  at  any  time  pay  out  any  money  from  either  of  said 
funds,  or  any  other  fund  which  may  hereafter  be  created  by 
said  .city  council,  except  upon  vouchers  or  orders  drawn  in 
accordance  with  the  ordinances  of  said  city,  upon  the  specific 
fund  from  which  he  shall  pay  the  same. 

Sec.  5.  Be  it  further  ordained,  That  all  revenues  of  said 
city  not  included  in  the  specific  funds  set  forth  in  section  8  of 
this  ordinance  shall  be  denominated  the  ordinary  revenue  of 
said  city  from  which  shall  be  paid  all  vouchers  or  orders  is¬ 
sued  for  the  payment  of  any  claim  not  coming  under  the  name 
of  specific  fund. 

Sec.  6.  Be  it  further  ordained,  That  the  City  Treasurer 
shall  receive  as  a  compensation  for  his  services  one  half  of 
one  per  cent,,  on  all  money,  other  than  the  school  money,  re¬ 
ceived  by  him,  to  be  deducted  at  the  time  of  receipt ;  and  on 


I 


\ 


ORDINANCES. 


209 


all  school  money  received  by  him  two  per  cent,  to  be  deducted 
as  aforesaid. 

Sec.  T.  Be  it  further  ordained,  That  all  ordinances  not  in 
accordance  with  the  provisions  of  this  ordinance  are  hereby 

repealed. 

Sec.  8.  Be  it  further  ordtflfted,  That  this  ordinance  shall 
be  in  force  from  and  after  the  twentieth  day  of  April,  1857. 
Adopted  March  25th,  1857. 


NO.  LIX. 

A.n  Ordinance  concerning  the  Fire  Department  and  defining 
the  duties  of  the  Officers  thereof  \  fc. 

Sec.  1.  Officers  defined.  v 

2.  Chief  Engineer— duty  of. 

3.  Assistant  Engineer — duty  of. 

4.  Firemen — how  divided. 

5.  Constitution  to  adopt. 

6.  Company — duty  of. 

7.  Engines— where  kept. 

8.  Firemen  to  wear  badge. 

9.  Prohibition. 

10.  Engineer — power  of. 

11.  Fireman — Penalty  when. 

12.  Power  to  remove  buildings. 

13.  Police  may  prescribe  limits. 

14.  Power  to  arrest. 

15.  All  persons  subject  to  orders. 

16.  Prays,  wagons,  &c.— control  over. 

17.  Police— duty  of.  1 

18.  Fire  Wardens — -duty  of 

19.  Stoves,  Fireplaces,  &c.,  unsafe  not  to  be  used  after  inspection  until 

repaired — Penalty  Provision  for  appeal  to  council. 

20.  Hay,  Straw,  &c.,  nor  to  be  stacked  within  one  hundred  feet  of  any 

building — Penalty. 

21.  Fires  in  frame  buildings  having  no  chimneys,  &c.,  prohibited — • 

Penalty. 

22,.  Repealing  clause. 

Section.  Be  it  ordained  by  city  council  of  the  city  of 
Quincy,  that  the  fire  department  of  the  city  of  Quincy,  shall 


210 


ORDINANCES. 


consist  of  one  Chief  Engineer,  one  Assistant  Engineer,  and 
one  Fire  Warden  for  each  ward,  and  the  Aldermen  shall  be 
ex-officio  fire  wardens. 

Sec.  2.  The  chief  engineer,  and  in  his  absence,  the  as¬ 
sistant  engineer,  shall  in  all  cases  of  fire,  have  the  sole  and 
absolute  control  over  all  the  lumbers  of  the  fire  department ; 
and  it  shall  be  the  duty  of  the  chief  engineer, to  report  semi-an¬ 
nually  on  the  first  Monday  in  May  and  November  in  each 
year,  the  condition  of  the  engines,  hose,  hook  and  ladders, 
buckets  and  other  fire  apparatus  and  the  building  in  which 
they  are  kept ;  and  also  to  recommend  such  additions,  altera¬ 
tions  and  improvements  to  the  same,  as  he  may  deem  ex¬ 
pedient. 

Sec.  3.  The  assistant  engineer  shall  be  under  the  direc¬ 
tion  of  the  chief  engineer,  and  in  his  absence,  shall  have  the 
chief  direction  over  the  engines  and  other  fire  apparatus,  and 
the  buildings  in  which  they  are  kept. 

Sec.  4.  The  firemen  shall  be  divided  into  companies  of 
engine  men,  hook  and  ladder  men,  and  hose  men  ;  each  com¬ 
pany  to  consist  of  as  many  members  as  the  city  council  shall, 
from  time  to  time,  direct ;  and  it  shall  be  their  duty  to  attend 
to  the  engines  and  other  fire  apparatus  committed  to  their 
charge,  and  the  buildings  wherein  the  same  are  kept ;  but 
hereafter  no  person  under  the  age  of  eighteen  years,  shall  be 
admitted  a  member  of  any  such  company. 

Sec.  5.  Each  of  said  companies  respectively,  may  adopt 
such  constitution,  by-laws  and  regulations  for  their  govern¬ 
ment,  subordinate  to  the  ordinances  of  the  city,  as  they  may 
deem  best  calculated  to  accomplish  the  objects  hereby  con¬ 
templated. 

Sec.  6.  Tlie  different'fire  companies  under  the  control  and 
direction  of  their  proper  officers,  shall,  upon  an  alarm  of  £re, 
repair  to  the  place  of  the  fire  with  the  engines  and  other  fire 
apparatus  under  their  care,  and  there  work  and  manage  the 
same  under  the  direction  of  the  chief  engineer  and  his  assist- 


ORDINANCES. 


211 


ant ;  and  in  case  of  their  absence,  place  and  work  their  en¬ 
gines  and  other  fire  apparatus,  in  the  most  effectual  manner, 

• 

until  the  fire  shall  be  extinguished,  and  shall  not  remove  there¬ 
from,  but  by  permission  from  an  engineer,  if  any  shall  be 
present,  and  on  such  permission  they  shall  return  their  engines 
and  fire  apparatus,  well  washed  and  cleansed,  to  their  respec¬ 
tive  places  of  deposit.  If  any  company  shall,  without  per¬ 
mission  of  an  engineer  as  above,  leave  any  fire  with  their  en¬ 
gine  or  fire  apparatus,  the  officer  in  command  of  such  com¬ 
pany,  shall  forfeit  and  pay  not  less  than  three,  nor  more  than 
twenty-five  dollars,  for  each  and  every  such  offense. 

Sec.  7.  The  said  engines  and  other  fire  apparatus,  shall 
be  kept  in  such  places  respectively,  as  the  city  council  shall 
provide  and  designate  ;  and  the  several  companies  having 
charge  of  them,  shall  keep  the  same  in  the  best  order  for  im¬ 
mediate  use.  For  the  more  effectually  perfecting  the  firemen 
in  their  duties',  and  preserving  the  organization  of  the  fire 
department,  and  keeping  the  engines  and  other  fire  apparatus 
in  good  order,  the  said  companies  shall  hold  regular  meetings 

t 

on  the  first  Monday  of  each  and  every  month.  There  shall 
also  be  a  general  review  of  all  the  fire  companies  at  least  once 
a  year,  under  the  direction  of  the  chief  engineer. 

Sec.  8.  Each  fireman  shall  wear  a  hat,  cap  or  badge, 
while  on  duty,  which  shall  be  provided  for  them  by  the  city 
in  accordance  with  the  selection  of  each  company. 

Sec.  9.  If  any  person  having  charge  of  an  engine  or  other 
fire  apparatus,  shall  suffer  or  permit  the  same  to  be  applied  to 
private  uses  without  the  consent  of  the  chief  engineer,  or  (in 
his  .absence;)  the  assistant  engineer,  he  shall  forfeit  a  penalty 
of  not  less  than  five,  nor  more  than  twenty  dollars,  for  each 
and  every  such  offense,  besides  being  personally  liable  for  all 
damages. 

Sec.  10.  The  chief  engineer  shall  have  the  power  in  his 
discretion  to  grant  permission  to  any  fire  company  to  go  with 
their  respective  engines  and  other  fire  apparatus  beyond  the 


112 


ORDINANCES. 


limits  of  the  city,  to  be  absent  such  length  of  time  as  he  may 
direct.  Any  officer  in  command  of  any  company  who  shall 
suffer  or  permit  the  engine  or  other  apparatus,  in  charge  of 
said  company  to  be  taken  beyond  the  limits  of  the  city  without 
such  permission,  shall  forfeit  and  pay  for  every  such  offense, 
a  penalty  of  not  less  than  five,  nor  more  than  twenty-five 
dollars,  besides  being  liable  for  all  damages. 

Sec.  11.  If  any  foreman  or  fireman  shall  refuse  to  obey 
the  engineer  or  his  assistant,  -  or  the  person  having  charge  or 
command  at  the  fire,  he  shall  forfeit  and  pay  not  less  than 
one,  nor  more  than  twenty-five  dollars  for  each  offense,  to  be 
donated  to  the  company. 

Sec.  12.  The  engineer  in  command,  or  in  the  absence  of 
all  the  engineers,  the  Mayor  or  two  Aldermen  may  direct  the 
hook  and  ladder  men  to  cut  down  and  remove  any  building, 
erection  or  fence,  for  the  purpose  of  checking  the  progress  of 
the  fire,  and  the  engineer  in  command  with  the  advice  and 
concurrence  of  two  members  of  tne  city  council,  shall  have 
power  to  blow  up  or  cause  to  be  blown  up  with  powder  or 
otherwise,  any  building  or  erection,  during  the  progress  of  the 
fire,  for  the  purpose  of  extinguishing  or  checking  the  same. 

Sec.  13.  The  City  Marshal,  or  any  police  officer  under 
the  direction  of  the  Mayor  and  such  Aldermen  as  may  be 
present,  may  prescribe  limits  in  the  vicinity  of  any  fire  within 
which  no  person  excepting  those  who  reside  therein,  members 
of  the  fire  department  and  those  admitted  by  order  of  the 
Marshal,  Policemen,  Watchmen,  or  officers  of  the  fire  depart¬ 
ment,  or  of  the  city,  shall  be  permitted  to  come,  and  it  shall 
be  the  duty  of  the  policemen  and  watchmen  to  aid  in  carrying 
into  effect  the  provisions  and  requirements  of  this  section. 

Sec.  14.  During  the  time  of  a  fire,  and  for  and  during  the 
period  of  thirty-six  hours  after  its  extinction,  it  shall  be  law¬ 
ful  for  the  chief  engineer  and  assistant  engineer,  Mayor,  Aider- 
men,  Marshal,  Foreman  and  Assistant  Foreman,  of  any  fire 
company,  or  the  officer  in  command,  Marshal,  Watchman  and 


ORDIJ^NCES. 


213 


Police  Constable  in  any  part  of  the  city,  to  arrest  any  sus¬ 
pected  person,  or  any  person  hindering,  resisting  or  conduct¬ 
ing  in  a  noisy  and  disorderly  manner,  or  refusing  to  obey  any 
such  officer  while  acting  in  the  discharge  of  his  duty,  and  com¬ 
mit  such  person  forthwith  to  the  watch-house,  or  house  of  cor¬ 
rection,  said  officers  shall  be  severally  vested  with  the  usual 
powers  and  authority  of  police  officers  to  command  all  persons 
to  assist  them  in  the  performance  of  such  duty ;  and  any 
person  who  may  be  so  committed  to  the  watch-house  or  house 
of  correction,  as  aforesaid,  shall  remain  there  until  released 
by  the  order  of  a  court  having  competent  power  in  the 
premises. 

Sec.  15.  Every  person  not  a  fireman  who  shall  be  present 
at  a  fire,  shall  be  subject  and  obedient  to  the  orders  of  the 
chief  and  assistant  engineer,  the  mayor  and  aldermen,  mar¬ 
shal  and  other  police  officers  of  the  city,  in  extinguishing  the 
fire,  and  the  removal  and  protection  of  property,  and  in  case 
such  person  shall  refuse  to  obey  such  orders,  he  shall  forfeit 
and  pay  for  every  offense,  the  sum  of  five  dollars.  Provided , 
that  no  such  person  shall  be  bound  to  obey  any  of  said  officers,  un¬ 
less  such  officers  shall  bear  their  respective  badges  of  office,  or 
their  official  character  shall  be  known  to  them  and  all  such 
officers  shall  have  power  to  arrest  any  person  or  persons  so 
refusing  to  obey  such  lawful  orders  as  aforesaid,  and  hold 
them  in  custody  until  after  the  fire  is  extinguished,  when  he 
or  they  shall  be  taken  before  a  magistrate  to  be  dealt  with  ac_ 
cording  to  law. 

Sec.  16.  It  shall  be  lawful  for  the  foreman,  assistant 
foreman,  or  officer  in  command  of  any  fire  company,  or  for 
the  mayor,  aldermen,  chief  engineer,  or  the  assistant  engineer 
to  require  the  aid  of  any  drayman  with  his  horse  and  dray, 
driver  of  a  licensed  wagon  with  his  team  and  wagon,  or  any 
citizen,  inhabitant  or  bystander  in  drawing  or  conveying  any 
engine  or  fire  apparatus  to  the  fire,  and  in  working  and  using 
the  same  while  at  a  fire  ;  and  on  the  refusal  or  neglect  of  any 

14 


214 


ORDINANCES. 


person  to  comply  with  such  requisition,  the  offender  shall  for 
every  default,  forfeit  and  pay  a  penalty  of  not  less  than  one, 
nor  more  than  ten  dollars. 

Sec.  IT.  It  shall  be  the  duty  of  the  marshal  and  every 
police  officer  to  repair  immediately  upon  an  alarm  of  fire  to 
the  place  of  the  fire  and  there  report  himself  and  remain  sub¬ 
ject  to  the  direction  of  the  mayor  or  any  aldermen  for  the 
discharge  of  police  duty  and  to  aid  in  extinguishing  the  fire 
and  to  preserve  and  protect  property., 

Sec.  18.  The  lire  wardens  shall,  immediately  after  their 
appointment,  in  April,  and  also  in  November,  or  whenever  re¬ 
quired  by  the  engineer,  inspect  all  stoves,  fire-places  and  all 
other  places  in  which  fire  may  be  kept  in  said  city,  and  all 
stove-pipes,  chimneys,  funnels,  or  other  aparatus  therewith 
connected,  for  the  purpose  of  ascertaining  whether  the  same 
are  so  fixed  as  not  to  endanger  the  building  in  which  the  same 
may  be,  or  to  which  they  may  be  attached,  or  to  endanger  any 
other  building  in  tlie  city ;  notify  the  occupants  to  make  all 
necessary  repairs  and  see  that  the  same  are  done  within  a 
reasonable  time ;  and  any  such  inspection  shall  be  made,  on 
the  request  of  any  citizen  at  any  time,  for  the  purpose  of  as¬ 
certaining  the  safety  thereof.  i 

See.  19.  Whenever,  in  the  opinion  of  the  chief  engineer, 
assistant  engineer,  or  a  fire  warden,  any  stove,  fire-place,  or 
other  appurtenance  for  the  conducting  of  smoke  or  heat  from 
any  such  place,  may  be  in  such  a  state  as  to  render  the  keep¬ 
ing  of  fire  therein  unsafe,  he  is  required  to  order  the  occupant 
of  the  building  in  which  the  same  may  be,  or  with  which  the 
sarnie  may  be  connected,  to  discontinue  the  making  of  fire 
therein,  and  to  make  all  necessary  and  proper  repairs  to 
render  the  keeping  of  fire  therein  safe,  in  the  opinion  of  the 
officer  inspecting  the  same ;  and  if  any  person  shall  make  a 
fire  therein,  and  neglect  to  make  such  necessary  repairs,  after 
being  ordered  so  to  do  as  aforesaid,  the  occupant  of  any  such 
building  shall  forfeit  and  pay,  for  the  use  of  said  city,  the  sum 


‘ORDlSAlSCfiS. 


215 


.of  ten  dollars  for  every  twenty-four  hours  the  same  may  re¬ 
main  without  such  repairs  being  made,  and  used  as  aforesaid: 
Provided ,  however,  that  any' person,  feeling  himself  aggrieved 
by  the. decision  or  order  of  either  of  said  officers,  may  appeal 
therefrom  to  the  city  council  at  the  first  meeting  thereof  after 
notice  as  aforesaid  ;  but  in  all  cases,  the  order  of  either  of  said 
officers,  to  discontinue  the  making  of  fire  therein,  shall  be 
’Complied  with  until  the  final  decision  of  the  city  council  on 
such  appeal. 

Sec.  20.  No  person  shall,  within  the  limits  of  said  city, 
stack  or  cause  to  be  stacked,  anv  bay,  straw,  or  other  com- 
-bustible  material  within  one  hundred  feet  of  any  building 
where  fire  may  be  kept ;  and  every  person  so  offending  shall 
forfeit  and  pay,  for  the  use  of  said  city,  the  sum  of  not  less 
than  three,  nor  more  than  twenty-five  dollars  for  every  twenty- 
four  hours  the  same  may  be  suffered  to  remain,  after  notice 
from  the  chief  engineer,  or  assistant  engineer,  or  a  fire  warden 
to  remove  the  same. 

Sec.  21.  No  person  shall  Jni-ild,  make  or  kindle,  or  cause 
to  be  made  or  kindled,  any  fire  in  any  frame  building,  plank 
.or  other  temporary  shed  of  lumber,  or  house  made  of  plank  or 
other  lumber,  without  having  a  chimney,  stove  or  vault,  in 
which  to  build,  make  or  kindle  such  fire ;  and  every  person  so 
offending  shall  forfeit  and  pay,  for  the  use  of  said  city,  the 
sum  of  not  less  than  three,  nor  more  than  twenty-five  dollars 
for  every  such  offense. 

Sec.  22.  So  much  of  Ordinance  No.  16,  entitled  uAn  Or¬ 
dinance  relating  to  the  prevention  and  extinguishment  of 

fires”  as  is  not  consistent  with  this  Ordinance  is  hereby  re- 

.  •  *  * 

pealed. 

Passed  April  26th,  1857. 


NO.  LX. 

Jin  Ordinance  Repealing  Ordinance  No.  57. 

Be  it  ordained  by  the  city  council  of  the  city  of  Quincy, 


216 


ORDINANCES. 


That  all  and  singular  of  ordinance  of  No.  57,  “entitled  an 
ordinance  to  {ynend  ordinance  No.  55,’  be  and  the  same  is 
hereby  repealed. 

Passed  May  6th,  1857. 

y 


NO.  LX1. 

An  Ordinance  Authorizing  the  Transfer  of  Rail  Road 

Bonds. 

Sec.  1.  Transfer  ol  Bonds  ordered. 

2.  Agent  to  receive  stock. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Quincy,  That  the  bonds  of  the  city  of  Quincy,  now  in  the 
hands  of  Isaac  0.  Woodruff,  amounting  to  two  hundred  thou¬ 
sand  dollars,  and  issued  by  said  city  to  aid  in  the  construction 
of  the  Northern  Cross  Railroad,  (now  called  the  Quincy  and 

Toledo  Railroad)  from  Camp  Point  in  the  county  of  Adams, 
to  the  Illinois  River,  be  by  the  said  Isaac  0.  Woodruff  trans¬ 
ferred  and  delivered  to  the  house  of  Woodruff  &  Co.,  of  the 
city  of  New  York,  who  are  hereby  approved  and  accepted  as 
the  agents  of  the  Quincy  and  Toledo  Railroad  Company,  to 

receive  and  forward  iron,  and  to  deliver  said  bonds  to  Azariah 
Boody,  of  said  city  of  New  York,  under  and  according  to  the 
.terms  of  his  contract  with  the  said  Quincy  and  Toledo  Rail¬ 
road  Company,  dated  April  27th,  1857. 

Sec.  2.  The  said  Woodruff  &  Co.  are  hereby  authorized 
and  direetedffor  and  on  behalf  of  the  said  city  of  Quincy,  to 
receive  from  said  Boody,  on  the  delivery  of  the  bonds  afore¬ 
said,  two  hundred  thousand  dollars  of  the  stock  of  the  Toledo, 
Wabash  and  Western  Railroad  Company  at  par,  as  agreed  by 
said  Azariah  Boody  in  the  contract  aforesaid  to  be  furnished  to 
said  city,  in  lieu  of  the  stock  of  the  Great  Western  Railroad 
Company. 

Passed  May  6th,  1857. 


ORDINANCES. 


21T 


NO.  LXIL 

An  Ordinance  authorizing  the  issuing  of  City  Bonds  in 
pursuance  of  An  Act  of  the  Legislature ,  approved  Fe¬ 
bruary  16,  185T. 

Sec.  1.  Mayor  and  Clerk  to  issue. 

2.  Sinking  Fund  provided. 

3.  Ordinances  Council  to  pass. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Quincy,  That  the  Mayor  and  Clerk  of  said  city,  are  hereby 
fully  authorized  and  empowered  to  issue  seventy-five  City 
Bonds,  of  the  denomination  of  One  Thousand  Dollars  each? 
said  Bonds  to  bear  date  May  15th,  A.  D.  1857,  and  be  de¬ 
nominated  “Special  loan  1857,”  and  numbered  from  21  to 
95  inclusive,  and  payable  to  Charles  A.  Savage,  or  Bearer, 
bearing  eight  per  cent,  interest,  payable  semi-annually  on  the 
first  day  of  February  and  August  in  each  year,  at  the  office  of 
Woodruff  &  Company,  in  the  city  of  New  York  ;  the  principal 
of  said  Bonds  to  be  due  and  payable  twenty  years  after  the 
date  thereof,  at  the  .  office  of  Woodruff  &  Company,  in  the  city 
of  New  York. 

Sec.  2.  Be  it  further  ordained,  That  the  possession  of  said 
Bonds  shall  be  conclusive  of  the  due  and  rightful  negotiation 
thereof :  The  revenues  of  said  city,  derived  and  to  be  derived 
from  wharfage  and  the  public  landings  of  said  city,  after  satis¬ 
fying  the  accruing  interest  on  Special  Loan  Bonds  issued  by 
virtue  of  an  ordinance  passed  October  26th,  1849,  shall  be 
applied  to  the  payment  of  the  accruing  interest  on  the  Special 
Loan  Bonds,  hereby  authorized  to  be  issued,  so  far  as  may  be 
necessary  for  the  satisfaction  of  the  said  interest.  The  resi¬ 
due  of  the  said  revenues  derived  as  aforesaid,  and  adequate  to 
that  purpose,  from  and  after  the  year  A.  D.  1859,  and  until 
the  final  liquidation  or  redemption  of  the  said  last  named 
Bonds  shall  constitute  a  sinking  fund  for  the  ultimate  redemp¬ 
tion  of  the  same,  and  shall  be  appropriated  to  no  other  pur¬ 
pose.  The  said  residue  of  said  revenues  derived  as  aforesaid? 


'ORDINANCES. 


218 

-shall  be  separately  kept,  held,  safely  invested,  in  accumula¬ 
tion  and  finally  applied  with  all  accumulations  thereto,  to  the 
redemption  of  the  Bonds  hereby  authorized  to  be  issued,  and 
the  same  is  hereby  pledged  to  the  purpose  aforesaid,  provided 
the  said  city  may  at  any  time  use  and  apply  the  same,  or  any 
part  thereof,  in  the  purchase  of  the  Bonds  hereby  authorized 
to  be  issued. 

Sec.  3.  Be  it  further  ordained,  That  the  said  city  shall4 
from  time  to  time,  pass  such  ordinances,  or  provide  such 
means  as  shall  effectually  carry  out  the  spirit  and  true  intent 
of  the  preceding  section,  and  secure  the  safe  keeping  and 
faithful  application  of  the  sinking  fund  therein  provided  for. 
The  faith  of  the  said  city  is  hereby  pledged  to  the  faithful  ex-* 
ecution  of  this  Ordinance,  and  for  the  payment  of  the  accruing 
interest  and  the  principal  of  the  said  Bonds  according  to  their 
tenor  and  effect,  if  need  be,  out  of  the  general  revenues  of 
said  city. 

Passed  May  11th,  1857. 

NO.  LXIII. 

An  Ordinance  relative  to  the  appointment  of  a  City  Attorney 

and  defining  his  duties. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Quincy,  that  at  the  first  meeting  of  the  city  council  in  each 
year,  after  the  organization  thereof,  or  as  soon  thereafter  as 
practicable,  the  city  council  shall  appoint  an  Attorney  to  be 
denominated  “City  Attorney.” 

Sec.  2.  Be  it  further  ordained,  that  it  shall  be  the  duty 
of  the  City  Attorney,  whenever  complaint  shall  be  made  to 
him  in  writing,  by  any  officer  of  said  city,  of  any  violation  of 
the  ordinances  of  said  city,  to  cause  suit  to  be  instituted  against 
the  parties  committing  said  violation,  and  to  prosecute  the 
same  in  the  proper  court,  and  attend  professionally  'to  all  ac¬ 
tions  and  suits  in  which  said  city  shall  be  a  party  or  interest¬ 
ed,  whenever  called  upon  for  that  purpose  by  any  city  officer, 
nnd  also  to  professionally  advise  all  city  officers,  and  any  Al- 


OBDTNANCES. 


219 


derman  of  said  city  in  respect  to  their  duties  and  rights  when¬ 
ever  called  upon  for  such  purpose,  and  also  to  make  drafts  of 
ordinances  of  said  city,  (under  the  direction  of  the  ordinance 
committee,)  and  such  other  instruments  of  writing- including 
abstracts  of  title,  as  may  be  required  by  the  business  of  the 
city,  and  whenever  his  written  opinion  may  be  required  in  re¬ 
ference  to  any  subject  submitted  to  him,  it  shall  be  his  duty  to 
furnish  it. 

£  ec.  3.  Be  it  further  ordained,  that  the  City  Attorney 
shall  receive  a  salary  of  five  hundred  dollars  per  annum,  pay¬ 
able  quarterly.  A.  W.  BLAKE SLEY, 

Passed  June  9th,  1857'  City  Clerk, 

NO.  LXIV, 

An  Ordinance  relating  to  places  representing  Groceries  or 

Drinking  Saloons  and  Beer  Houses. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Quincy,  that  all  houses,  parts  of  houses,  rooms,  stalls,  or 
apartments  of  any  building  in  the  city  of  Quincy,  fitted  up 
with  center  tables,  side  tables,  counters,  shelves,  or  in  any 
other  manner  so  arranged  as  to  represent,  and  be  commonly 
known,  either  with  or  without  outside  signs,  as  being  intended 
to  represent  places  where  spirituous  or  vinous  Liquors,  or  Ale^ 
or  Beer  are  drank,  and  which  are  kept  open  any  part  of  the 
day  or  night  for  the  common  ingress  or  egress  of  persons  no^ 
actual  and  continual  residents  of  said  premises,  shall  in  the 
meaning  of  this  ordinance  be  denominated  and  declared  to  be 
groceries  or  drinking  saloons  or  beer  houses. 

Sec.  2.  Be  it  further  ordained ,  that  no  person  or  co¬ 
partnership,  shall  keep  or  occupy  any  house  or  part  of  house, 
or  any  other  place  designated  in  the  first  section  of  this  ordi* 
nance  as  a  grocery,  or  drinking  saloon,  or  beer  house,  without 
first  having  obt  ained  from  the  City  Council  a  license  for  keep, 
ing  either  a  grocery,  or  drinking  saloon,  or  beer  house  a&  pro¬ 
vided  in  Ordinances  No.  39,  40  and  41. 


220 


ORDINANCES. 


Sec.  3.  Beit  further  ordained  that  the  keeping  or  occu¬ 
pying  as  landlord  or  tenant,  or  in  any  way  in  possession  of  any 
grocery  or  drinking  saloon  or  beer  house,  as  defined  by  sec¬ 
tion  one  of  this  ordinance,  where  the  same  is  kept  open  at  any 
time  for  the  common  ingress  and  egress  of  persons  not  actual 
and  continual  residents  of  said  premises,  shall  be  deemed  a 
violation  of  this  ordinance,  and  the  person  or  persons  keeping 
or  occupying  said  premises,  shall  be  subject  to  the  penalties 
hereinafter  named  for  the  violation  of  this  ordinance. 

Sec.  4.  Be  it  further  Ordained  that  the  testimony  estab¬ 
lishing  the  keeping  open  to  common  ingress  or  egress  any 
grocery,  or  drinking  saloon,  or  beer  house,  by  any  landlord, 
tenant  or  occupant,  as  designated  by  this  ordinance,  shall  be 
held  by  the  Police  Magistrate’s  Court,  or  any  other  court  hav¬ 
ing  legal  jurisdiction  thereof,  as  sufficient  and  conclusive  evi¬ 
dence  of  a  violation  of  this  ordinance,  and  the  court  shall,  up¬ 
on  the  establishing  of  a  violation  of  this  ordinance,  give  judg¬ 
ment  against  the  person  or  persons  complained  of,  as  in  cases 
of  the  violation  of  other  city  ordinances. 

Sec.  5.  It  shall  be  the  duty  of  the  Mayor,  Aldermen, 
Marshal,  Police  Constable,  and  the  Watchmen  of  said  City  of 
Quincy  to  give  notice  to  the  City  Attorney,  of  every  breach  of 

this  ordinance  which  may  come  to  their  knowledge. 

Sec.  6.  Be  it  further  Ordained  that  whoever  shall  violate 

any  of  the  provisions  of  this  ordinance  shall,  for  the  first  of¬ 
fence,  forfeit  and  pay  for  the  use  of  said  city,  not  less  than  five 
nor  more  than  twenty-five  dollars,  and  for  the  second  or  any 
subsequent  offence,  for  a  breach  of  this  ordinance,  shall  for¬ 
feit  and  pay  not  less  than  ten  nor  more  than  fifty  dollars. — 
Provided ,  that  any  person  who  shall  keep  an  open  house,  as 

set  forth  in  section  ono  of  this  ordinance,  shall  be  liable  to  a 

• 

penalty  or  forfeiture  in  addition  to  the  foregoing  second  pen¬ 
alty,  of  ten  dollars  for  every  twenty-four  hours  said  house 
shall  be  kept  open  after  the  rendition  of  judgment  in  court  for 
the  first  violation  of  this  ordinance. 

Passed  June  9,  1857. 


•  ORDINANCES  221 

NO.  LXV. 

An  Ordinance  providing  for  the  appointment  of  a  City  Weigh¬ 
er  ,and  defining  his  duties  and  fees. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Quincy,  that  at  the  first  meeting  of  the  City  Council  in  each 
year,  after  the  organization  thereof,  or  as  soon  thereafter  as 
practicable,  the  City  Council  shall  appoint  a  Weigher,  to  be 

denominated  uCity  Weigher. ” 

Sec.  2.  Be  it  further  ordained,  that  before  entering  upon 

the  discharge  of  his  duties,  he  shall  give  bond  in  the  sum  of 
five  thousand  dollars,  to  be  approved  by  the  City  Council,  and 
take  the  usual  oath  of  office.  He  shall  provide  himself  with 
suitable  Beam  Scales,  or  such  other  scales  as  the  Council  may 
direct,  which  shall  at  all  times  be  subject  to  inspection  and 
correction  by  the  inspector  of  Weights  and  Measures. 

Sec.  3.  Be  it  further  ordained,  that  it  shall  be  his  duty 
when  called  upon  either  by  the  buyer  or  seller7  or  both,  of  any 
article  of  merchandise  or  commerce,  to  weigh  such  articles, 
and  deliver  to  the  applicant  a  certificate,  which  shall  state  the 
marks  and  numbers  of  such  packages  weighed,  the  number  of 
packages  constituting  each  draft,  and  the  weight  of  each  draft 
seperately,  also  the  total  weight  of  each  lot  of  merchandise 
which  is  distinguished  by  a  separate  mark ;  and  shall  keep  a 
Register  in  a  suitable  book  of  all  the  articles  weighed,  an  ab¬ 
stract  of  which  register,  with  the  amount  of  fees  received,  he 
shall  report  to  the  City  Clerk  under  oath  on  the  last  Saturday 
of  June,  September,  December  and  March  in  each  year. 

Sec.  4.  Be  it  further  ordained,  that  no  person  other  than 
the  City  Weigher  or  his  deputies,  shall,  within  the  limits  of  the 
city,  follow  the  business  of  weighing  for  pay  or  hire,  unless  he 
be  regularly  licensed  as  provided  for  in  ordinance  No.  35,  un¬ 
der  a  penalty  of  not  less  than  five,  or  more  than  fifty  dollars 
for  each  offense. 

Sec.  5.  Be  it  further  ordained,  that  the  City  Weigher  shall 
be  entitled  to  charge  and  receive  the  following  fees,  viz :  For 
Corn,  Wheat,  Rye,  Oats,  Barley,  Flax  Seed,  and  Bran  in 


222 


ORDINANCES. 


Sacks,  Barrels,  Tierces  or  Casks,  Hogsheads  or  Boxes,  for 
any  number  not  exceeding  thirty  packages  or  separate  parcels 
two  cents  per  hundred  pounds,  and  for  all  packages  or 
separate  parcels  exceeding  thirty  in  number  one  cent  per  one 
hundred  pounds.  For  Sugar  in  hogsheads  for  any  number  not 
exceeding  ten ,  fifteen  cents  per  hogshead;  for  any  number 
exceeding  ten ,  twelve  and  a  half  cents  each.  For  Sugar  in 
barrels  or  boxes  for  any  number  not  exceeding  fifteen,  six 
cents  per  barrel  or  box ;  for  any  number  exceeding  fifteen, 
three  and  one  half  cents  each.  For  Hemp,  for  any  number 
of  tons  not  exceeding  five,  thirty  cents  per  ton,  for  any  num¬ 
ber  of  tons  exceeding  five,  twenty  cents  per  ton.  For  lard  in 
barrels,  for  any  number  not  exceeding  fifteen  barrels  four 
cents  each,  and  for  any  number  exceeding  fifteen,  three  cents 
each.  For  lard  in  kegs  not  exceeding  twenty  in  number  two 
cents  each,  for  any  number  exceeding  twenty,  one  cent  each. 
For  lard  in  tierces,  three  and  a  half  cents  each.  For  lead, 
one  half  cent  per  pig,  and  for  other  metals,  twenty  cents  per 
ton.  For  hides,  three  fourths  of  a  cent  each.  For  bacon 
and  meat  in  bulk,  forty  cents  per  ton.  All  fees  for  weighing 
shall  be  paid  by  the  seller. 

Sec.  6.  Be  it  further  ordained,  that  the  register  of  the 
City  Weigher,  shall  be  open  to  the  inspection  of  any  person 
interested  in  weighing  done  for  him  or  them. 

Sec.  7.  Be  it  further  ordained,  that  the  City  Weigher 
shall  keep  open  a  book  in  some  public  part  of  his  office  in 
which  all  orders  for  weighing,  may  be  registered  by  the  per¬ 
son  wanting  weighing  done.  Stating  at  what  place  the  articles 

% 

are  to  be  found,  and  the  articles  and  quantities  to  be  described 
as  near  as  practicable,  and  it  shall  be  the  duty  of  the  City 
Weigher,  to  fulfill  each  order  in  rotation  as  they  are  entered, 
unless  good  cause  can  be  shown  why  he  should  not,  under  a 
penalty  of  not  less  than  five  nor  more  than  twenty-five  dollars 
for  every  violation  of  this  section,  to  be  recovered  as  other 
penalties  for  violation  of  the  ordinances  of  said  city- 
Passed  June  9,  1857. 


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INDEX 


Actions,  41,  115,  121, 127 

Alleys,  26,  81,  144 

Appeals,  124,  215 

Assessments,  10  to  13,  144  to  150, 

166  to  171 

Auctioneers,  28,  65,  66 

Auditing  claims,  85 

Arrests,  116,  117,  153  to  156,  213 

Attachments,  122,  185 

Attorney,  62,  218,  219 

Awnings,  16,  193,  194 

Bail,  118,  119,  121,  124,  155 

Bridewell,  28, 29 

Billiard  Tables,  27,  68 

Bonds,  29,  33,  43,  111  to  114,  216, 

217 

Bricks,  107 

Bawdy  Houses,  28,  134 

Bowling  Alleys,  157 

Calaboose,  29, 153 

Capias,  118, 127 

Cemetry,  Quincy,  85,  89 

“  Woodland,  89, 90 

Corporation  name  of,  4 

City  Council  powers  of,  5  to  9,  26  to 

30,  40,  43,  79 
“  Boundaries,  4  to  5 

“  Elections,  5  to  9,  33,  51 

“  Legislative  powers,  14  to  31 
"  Private  property  taking  of,  17 

to  26 

“  Miscellaneous  matters,  38  to  42 
Officers,  56 

Mayor,  his  powers  and  duties,  5, 
6,  7,  31,  32,  33,  51,  75,  134, 
151  to  156,  187,  205 
J*  Aldermen,  7,  8,  50,  51 

J‘  Marshal,  47,  58,  60,  61,  68  145, 

208,  212 

“  his  fees,  70,  to  77,114 
to  129,  159,  164,  171  to 

174,  179 

Clerk  of  the  Council,  20,  57,  64,  80 
157, 161, 164,  179,  208 
Treasurer,  58,  113,  143.  198,  208 


Overseer  of  the  Poor,  59, 108  to  110, 

187 

Assessors,  167  to  170 

Engineer,  59,  198 

Clerk  of  the  Market,  59,  94  to  102 
City  Weigher,  121,  222 

Harbor  Master,  60,  180  to  188 
Chief  Engineer,  Fire  dep’t,  37  210  to 

214 

Fire  AVardens,  37,  210  to  214^. 
Sexton,  60,  85  to  89 

Measurer,  56,  61,  104  to  107 

Police  Constable,  15, 151  to  156,  212 
Watchmen,  27,  151  to  156,  212 
Physician,  56,  62,  167 

Superintendent  of  Schools,  56,  63, 

141  to  143 

School  Visitors,  142 

Street  Commissioner,  15,  56,  69  to 

71,  81  to  85,  137 
Officers — how  appointed — to  give 
bond —  take  oath — may  be  re¬ 
moved — to  deliver  documents  to 
successor — to  make  settlements; 
vacancy,  how  filled,  15,  56,  57,  61,* 

62 

City  Police,  151  to  156 

City  Warrants  or  Vouchers,  39,  85 
Contracts, ~  how  let,  81  to  83 

Contempts,  120 

Costs,  125  to  127 

Dead  Animate,  71,  72 

Depositions,  122 

Dogs,  71.  74,  75 

Drays,  190,  191 

Damages,  17  to  26 

Disturbing  Peace  and  meetings, 

130,  131 

Driving  immoderately,  135 

Drunkenness,  132, 133 

Elections,  7,  8,  9,  51  to  54,  62 
Evidence,  121 

Execution,  122, 123 

Errata  207 

Ferries,  27,  102  to  104 


1NDKX. 


If 


3BiiemeT 

Fires, 

Fire  Limits, 
Fiscal  Exhibit, 
Fire  Arms, 


36,  37,  209  to  215 
209  to  215 
194  to  196,  205 
39,  57 
134,  135 


False  alarms  of  Fire,  131 

Fines  and  Penalties,  40 

Gas  Co  158 

Grocery  defined,  219,  220 

GunPowder,  107,  108 

Garnishee,  119 

Gaming,  133 

Groceries,  160 

Hospitals,  power  to  erect,  16 

Hallooing,  &c.,  130 

Harbor,  180  to  186 

Health,  70  to  73,  187 

Hackney  Carriages,  189,  190 

Hay  Scales,  156 

Indecent  Exhibitions,  &c.,  132 

Inspection  of  Lumber  &c.,  26, 104  to 

107 

Inspection  of  Weights  k  Measures, 

27,  157 

Imprisonment,  14,  39, 122,  124 
Jurors,  122,  127 

Licences,  power  to  grant,  28 

44  “  revoke,  28 

44  for  shows  &c,,  63 

*•  Stores,  Brokers,  Pedlers 

Auctioneers  &c.,  63 

“  Manner  of  granting  &c.,  64, 159 

“  for  sale  of  Lumber,  67,63 
44  Billiard  Tables,  68 

"  Bowling  Alleys,  157 

power  to  revoke,  159 
44  Vinous  and  Spirituous 
Liquors.  160 

44  Fermented  Liquors,  162 

44  Omnibusses,  Carriages, 

Wagons  and  Brays,  189  to  192  j 
44  Keeping  dogs,  74,  75  i 

<!  Hay  Scales,  156 

Lots,  authority  to  grade,  17 

44  how  graded,  71 

41  Owners  to  fill  up  and  grade 

78  to  80 

Labor  on  streets  for  penalty, 

‘  29,  128 

Lamp  district,  165 

Market,  27,  94  to  102 

Mad  Dogs,  75 


Measurer  of  Lumber  and  Wood, 

104  to  107 

Macadamizing,  (  34,  144 

Nuisance,  16,' 17,  69  to  74 

“  on  lots,  78  to  80 

“  Dogs,  74,  75 

“  Hogs,  „  76, 78 

Ordinances,  power  to  make,  30 
“  how  proven,  31 

Officers  neglecting  duty,  139 

Offencences  against  Official  Author¬ 
ity,  139 

Obstructing  street,  &c.,  136  to  139 


Officers, 

Ordinances  revised, 
Printer,  to  elect, 
Plats  and  Maps, 
Paving, 

Planking, 

Penalty,  Awnings, 


44 


U 


a 


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114  to  129 
202,  203 

15 

40 

17,  81,  144 
34,  144 
194 

Judges  of  Election,  &c.,  7,  55 
Auctioneers,  &c.,  63  to  66 

Lumber,  67 

Billiards,  68 

44  Omnibusses,  Carriages,  &c., 

189  to  192 

Obstructing  streets,  &c., 

136  to  139 

“  Nuisance,  69  to  80 

“  Cemetry,  85  to  90 

44  Fires,  90  to  93 

44  Market,  94  to  102 

44  Public  Landing,,  180  to  186 
Quarantine,  187  to  188 

44  Wood,  105 

44  Bricks,  107 

44  Powder,  107 

44  Resisting  and  refusing  to 
aid  'Officers,  139 

“  How  collected,  115 

14  Who  liable  for,  120 

44  To  whom  paid,  124, 125 
44  Unlawful  assemblage,  130 
“  Disturbing  the  Peace,  131 
“  Violating  the  Sabbath 

131  to  133 

44  False  alarm  oi  Fire,  131 
“  Drunkenness,  132 

“  Indecent  Exhibitions,  132 
“  Gaming,  &c.,  133 

44  Bawdy  Hogses,  134 

41  Firearms,  Fires,  Ac,  90  to  93 

196 


<4 


INDEXc 


“  Gas,  158 

“  Highways,  Sidewalks,  &c., 

135  to  138, 197 
“  Liquors,  vinous  and  fermented 

160  to  164 

“  Where  no  special  provision 

140 

“  Police,  153 

“  Paupers,  108  to  110 

“  Powder,  107 

“  Privies,  70,  72,  195 

Police  Magistrate’s  Court, 

47,  48,  114  to  129 
Police  Constable,  duties  of  &c., 

151  to  156 

Public  Property,  17,  41,  136  to  139 
Public  improvements,  34,  80  to  85 
Quarantine,  16,  187, 188 

Revenue,  10  to  13,  164  to  180 
Rail  Roads,  17 

Revised  Ordinances,  202,  203 

Rules  of  order  &  Business,  44  to  48 
Schools,  16,  40,  141 

Sinking  Fund,  33 

Sidewalks,  26,  196 

Salaries,  Police,  151 

“  Mayor  and  Clerk,  198 


Salaries,  Treasu’r,  Marsha)  -nth 
eer,  Overseer  of  Poo*,  jlerk 
of  Market,  Harbor  Master, 
Fire  Warden,  Sexton,  Meas¬ 
urer,  Physician,  Superin¬ 
tendent  of  Schools,  Street 
Commissioner,  and  Aider- 
men,  199,  200,  201 

Sfreets.  obstructing  of,  136  to  139 
“  Grading  of,  Contracts  for,  &c., 

80  to  85 

“  Tax  levied  for,  &c.,  164 

Scales,  156 

Swine,  76  to  78 


Signs, 


193 


Taxes  and  Assessments,  10,  13, 17 

Unlaw' ful  assemblage,  130 

Violating  Sabbath,  133 

Visitors  of  Schools,  142 

Wards,  *  4,  27 

“  Flection,  50 

“  Assessment,  167 

Wharf  &  Wharfage,  36,  180  to  186 

Wagons,  190  to  192 

Wood,  104  to  105 

Weights  and  Measures,  26,  157 
Warrants  or  vouchers,  39,  86 


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